This Article addresses the implications of accepting breed registration standards as "rules of sport," including how in McHugh v. Australian Jockey Club the comparison of registration rules to rules of sport influenced the court's decision to reject the applicant's claims that the Australian Jockey Club's rules prohibiting the registration of Thoroughbreds bred by artificial insemination violated Australia's antitrust laws.
This Article addresses how the outer limit of the Commerce Clause may rest in Congress's ability to to regulate those activities "that substantially affect interstate commerce." This category is not part of interstate commerce and thus the power to regulate such activities is anything but self-evident. Nevertheless, the "substantial effects" is the most far reaching ability of Congress and may define the outer limits of the commerce power, those limits depend on Wickard v. Filburn, a case of homegrown wheat.
This article examines Florida water law and water management to identify lessons for the IWRM approach to water management. Specifically, this article focuses on the limitations of basinlevel institutions.
While legal pundits search high and low to discover why Chief Justice Roberts "Jumped the shark" on the individual mandate in NFIB v. Sebelius, the answer may lie in an overlooked 2003 case from the D.C. Circuit Court of Appeals.
Many horse breeders and original owners do not wish to see their former horses meet such barbaric ends. The issue therefore is how to best realize the horse's value while maintaining the requisite degree of control over future ownership to prevent horse slaughter. Essentially, this note will determine the most profitable way to sell the horse and still retain control over the future of the horse.
Section I of this Note will briefly review the history of the Food Safety Modernization Act; Section II will provide a summary of two proposed rules integral to the FSMA; Section III will survey the concerns about fairness expressed by individuals, entities and Congress; and Section IV will evaluate the fairness of the rules from an economic standpoint.
This note addresses the discrepancy between circuits in the timing of a contribution suit brought under § 113(f)(3)(B) after a potentially responsible party has settled its state law liability claims. This note will propose that allowing a potentially responsible party to bring a contribution suit whenever that party has settled a state or federal liability claim is the interpretation most consistent with the intent of CERCLA.
This note will seek to encourage the Kentucky General Assembly to clarify the law in light of Granholm and Cherry Hill to open the wine market in Kentucky for the benefit of consumers, increase competition for the benefit of better agricultural products in Kentucky, end the unconstitutional protection of Kentucky's vineyards from out-of-state competition, and eliminate liability for common carriers shipping wine into the Commonwealth.
This article asserts that Afghanistan can achieve compliant status under EITI, but in order to avoid the resource curse in the process, it must integrate strong civil society controls, show commitment and political will, and deepen legal commitments to transparency.
Therefore, food manufacturers and their attorneys are well advised to understand the regulatory background, claims, and defenses at issue in "natural" labeling cases. This article addresses those issues. It is intended to be a resource for defense lawyers and food businesses to help prepare for possible "natural" labeling lawsuits and to minimize the risk of such litigation.
With issues facing states in the Marcellus Shale region such as budgetary difficulties and environmental protection, this Article postures that at least one of these states will enact a severance tax on natural gas in the near future. This Article attempts to provide a survey of severance tax policies from high natural gas producing states that already have natural severance taxes in place.
Recent growth in agriculture and food-centered internet startup businesses will raise new legal issues as industries are disrupted in sectors largely governed by law and regulation inherited from generations past. This Note examines the context of these emerging online businesses and their significance in respect to the food system and the laws that govern it.
This article addresses Kentucky's recent constitutional amendment that enacted a state constitutional right to hunt and fish. It assess that while these amendments were instituted with good intentions, a right to hunt and fish has no place in Kentucky's Constitution. Instead, hunting and fishing rights should be left to legislative regulation.
This note addesses recent pilot programs of the the Supplemental Nutrition Assistance Program (SNAP), and how they have contributed to decreased obesity rates. It argues SNAP pilot programs will help both state and the federal governments in reducing the amount of health crises that recipients of SNAP and Medicaid endure.
This note addresses the case Horne v. Department of Agriculture and its subtleties that signal a potential remodeling of constitutional property law, creating clearer and more distinct Takings Clause principles.