Subject: Agricultural and food law research and information
To: awinfred@uark.edu

 

VOLUME 2, NUMBER 5  (September 2008)

e-Newsletter introducing and updating resources from the nation's
leading source for agricultural and food law research and information
 
In This Issue
Making Research Easier
Librarian's 20 Years
Internat'l Law Reading Room
Research Articles
New Staff Attorney
GAs Join Center Team
Center Outreach
 
 
 
Components
 
 
 

  Estate Planning

  Finance & Credit

  Food Labeling

  Food Safety

  International Law

  International Trade

  Labor

  Landowner Liability

  Marketing Orders

  Nat'l Organic Prog.

  Packers & Stockyards

  PACA

  Pesticides

  Production Contracts

  Secured Transactions

  Sustainable Ag

  Urbanization & Ag

 

 

AgLaw Reporter

  Case Law Indexes

  Case summaries

  Federal Register

  AgLaw Updates

  USDA JO Decisions

 

 
 
 
 
 
 
 
 
 

Welcome from the Director

 

Dear Friends and Colleagues,Director Harrison M. Pittman

 
The Center has undertaken myriad new activities and celebrated many accomplishments over the past two months in furtherance of its mission as the nation's leading source of agricultural and food law research and information. One of the struggles we have now is determining what not to include in the e-newsletter so that it will not be too long to read. What a great problem to have! The Center's excellent staff deserves a special thanks for its dedication and hard work, for without them the Center simply could not thrive.

Later this month, I'll be meeting with USDA Secretary Ed Schafer to discuss ways the Center can further enhance USDA initiatives and priorities. Additionally, the Center has entered into a new cooperative agreement with the USDA Office of the Chief Economist to develop a database of past, present, and future federal and state laws pertinent to the biofuels arena. This new development is one we are particularly proud of and view as representative of the enhanced role the Center can play in serving the nation's vast agricultural community.

If the Center can be of any assistance to you, or if you have any suggestions regarding areas of research, information, and outreach in which the Center could engage, please feel free to contact us anytime. Thanks to all of you who have offered suggestions in recent weeks and months. The feedback we've received has been very valuable.

Best regards,  
Harrison M. Pittman
 
 
Harrison M. Pittman
Center Director
Making Legal Research Faster and Easier
 
State Law Clearinghouse
 
Agritourism Statutes
One of the Center's ongoing projects is the compilation of all state statutes that exist in specific topics of agricultural law. These compilations provide a brief snapshot of the wide variety of laws enacted across the nation and allow a researcher to obtain targeted, state-specific information on the issue by providing a complete statutory text along with the date of possible expiration. This Clearinghouse Map contains all of the statutes compiled to date: Animal Cruelty, Recreational Use, and Agritourism. More compilations will be added as further topics are completed.

Updates to the Case Law Indexes
Cases that were added to the Case Law Indexes in August and September have been listed to aid the researcher in keeping abreast of new judicial developments in each of the 37 reading room topics:
 
Case Summaries Update
The Center's team of seven case summary writers has completed 210 summaries during the summer and early fall. Eighteen of the summaries were posted during this reporting period and are listed and linked from the Recent Postings page.  Thanks to the heroic efforts of third-year law student Walt McCarter, all cases in the Secured Transactions and Bankruptcy case law indexes have been summarized. Eric Foy, an alumnus of the LL.M. program in agricultural law, has finished summaries for all cases in the Animal Feeding Operations case law index.  The Center's goal is to summarize all cases included in the case law indexes to improve an already valuable resource.
 
Bibliography Digitization Project
Twenty-two journals and over 400 authors have granted permission for articles to be digitized and linked to the Bibliography.  Although locating some authors has been difficult, articles from six publications have been digitized and linked:

Agricultural Law Update: 317 articles (100%)
Animal Law: 15 of 22 articles (68%)
CHOICES: 25 of 30 articles (83%)
Journal of Food Law & Policy: 11 of 26 articles (42%)
Oklahoma Law Review: 26 of 40 articles (65%)
USDA Ag Cooperative Service Reports: 3 articles (100%)

If you are an author with an article or articles listed in the Bibliography and have not yet been contacted for reprint permission, please contact Research Assistant Misti Sharp via email at mdc02@uark.edu or by phone at 479-387-2043. Likewise, if you know the whereabouts of authors, please forward this information to them. 
Center Librarian's 20 Years Celebrated
 
 

Sally Kelley, Center Librarian, was honored with a surprise party and a commemorative plaque on September 2 in celebration of her twenty years of service to the Center. Kelley was an early advocate of Internet legal research and taught classes and published articles on Internet legal research. In 1995, she created the first Center website. Twenty years of providing reference service to Center staff, agricultural law faculty, students, and others has been Kelley's favorite part of the job.  "It has been an interesting, challenging, and always changing twenty years," said Kelley. 
International Law & Organizations Reading Room Gets A Face Lift
 

The International Law and Organizations Reading Room has been substantially reorganized, expanded, and updated, thanks to the devoted enthusiasm and energy of Research Associate Irina Feofanova and the guidance of Senior Fellow Erimar von der Osten. Among the important additions to the Room is the Major Laws of International Organizations section that provides links to numerous world-wide and regional international organizations with their founding documents and instruments. The list of organizations represents all parts of the world as a whole (United Nations, FAO and WTO, for example) and international organizations of the Americas, Europe, Asia, and Africa. The new Case Law section provides a broad selection of recent and historical international cases relating to agriculture and food that have been decided by international dispute resolution systems. Numerous resources from official websites of international organizations, open databases, and law institutes have also been added. 
New Research Publications

State-Level Catfish Labeling
Elizabeth Springsteen, Center Staff Attorney
Currently, six states have labeling requirements for the sale of catfish. This article compares and contrasts the provisions and requirements of those state statutes.

Plant Biotechnology Law After Geertson Seed Farms  Alison Peck, Center Research Assistant
This article reviews the Geertson decision and considers its actual and potential impact on the legal landscape related to plant biotechnology. It also reviews biotech regulation, liability rules, and coexistence strategies.

Guide to Compliance with the Japanese Positive List  Deanna Fortna Jones, Senior Attorney, Archer Daniels Midland
Japan has implemented new regulations for maximum residue limits of approximately 800 agricultural chemicals in foods imported into Japan. This article outlines steps that companies should take to minimize the risk of economic harm resulting from a delay or ban.
New Staff Attorney - Elizabeth Springsteen

The Center is pleased to welcome Elizabeth Springsteen, our newest Staff Attorney. Beth's focus will be two-fold: (1) researching and responding to public inquiries that have thus far encompassed everything from animal cruelty to aquaculture and from right-to-farm laws to agricultural liens, and (2) fine-tuning the Center's "information" function by developing and improving the resources on the Center website. Beth joined the Center after completing her coursework in the Agricultural Law LL.M. program at the University of Arkansas.   She is licensed to practice law in Michigan and Ohio.  Read Beth's full biography
Graduate Assistants Join Research Team
 
Angela Boyd, B.A., J.D., was raised on her family's farm near Paragould, Arkansas.  She graduated magna cum laude from Arkansas State University with a bachelor's degree in Political Science and a minor in Agricultural Business.   She graduated in 2008 from the University of Arkansas at Little Rock Bowen School of Law with high honors.  Angela served as a legislative extern during the 2007 session with the Arkansas House of Representatives Committee on Agriculture and Economic Development and clerked at the Arkansas Bureau of Legislative Research.  She is licensed to practice law in the state of Arkansas. 
Kimberly C. Clark, B.A., J.D., graduated from the University of Texas at Austin in 2005 with a B.A. in Sociology and a minor in Social Work.  Before law school, she worked as a Residential Treatment Officer at the Travis County Juvenile Probation Department.  Kimberly received her J.D. degree from the University of Arkansas School of Law in 2008, during which time she served as Associate Editor of the Journal of Food Law & Policy.  Her primary areas of interest are labor and employment law.   
Patrick Feilke, B.S., J.D., grew up working on his family rice and soybean farm in Stuttgart, Arkansas.  He graduated cum laude from the University of Arkansas, Dale Bumpers College of Agricultural, Food & Life Sciences with a B.S. in Agricultural Business.  He interned in Washington, DC for Senator Blanche Lincoln and graduated from the University of Arkansas School of Law in May 2008.  Patrick is licensed to practice law in Arkansas. 
Jennifer Fiser, B.S., M.S., J.D., graduated from the University of Arkansas in 2000 with a B.S. in Biology and a minor in Environmental Science and received her Master's degree in Agronomy from Purdue University. While in graduate school, her research focused on the monitoring of E. coli in the environment. During law school, Jennifer served as the 2007-2008 Editor-in-Chief of the Journal of Food Law & Policy.  She graduated magna cum laude from the University of Arkansas School of Law in May 2008 and is licensed to practice law in Arkansas.   
Paul Goeringer, B.S., J.D., was raised on his family's farm in the small town of Bessie, Oklahoma.  He received his B.S. degree in Agricultural Economics from Oklahoma State University in 2004 and was selected by the College of Agricultural Sciences and Natural Resources to serve as the Frank D. Lucas Scholar in Washington DC.  Paul received his J.D. degree with honors from University of Oklahoma's College of Law in 2007 and entered the LL.M. program in January 2008 where he is working on a thesis in the area of the Oklahoma Groundwater Act.  Paul is licensed to practice law in Oklahoma. 
Andrew R. Hopper, B.S., J.D., grew up on the family farm in Indiana.  He graduated magna cum laude from eastern Tennessee's Milligan College with a B.S. in Business Administration and received the Board of Advisors Outstanding Academic Student Award.  During his law school career at Ohio Northern University, Andrew founded the university's Agricultural Law Association, served as vice-president and president of the Student Bar Association, and received the Student Bar Association Excellence in Service Award. 
Aaron Thompson. B.A., J.D., worked in various capacities for his family's vegetable production and cooling business.  He graduated from the University of Colorado in 2003 with a B.A. in History and a minor in Business and received his J.D. from the Cumberland School of Law at Samford University in 2008.  While in law school, Aaron earned the Scholar of Merit Award twice for his writing and served as a community volunteer for the CASA (Court Appointed Special Advocates) network.  
Outreach - Conventions, Presentations, and Meetings 
 
 

 
Director Harrison Pittman introduced the legal resources provided by the Center to the American Farm Bureau Federation's National Legislative Information and Networking Committee and gave presentations on "Legal Issues Pertaining to the Use of Antibiotics in Agriculture" and "Legal Issues in Agriculture" with a focus on animal welfare, sustainability, and recreational use of land at the Georgia Bar Association's Agricultural Law Section Annual Meeting. At the Arkansas Forestry Association's Annual Meeting, he focused on carbon credits, cap-and-trade proposals, and right-to-farm laws in his presentation, "Legal Issues in the Forestry Industry."

During two trips to Washington, DC, Director Pittman gave presentations at multiple meetings to USDA National Program Leaders, Environmental Protection Agency staff, Agricultural Marketing Service leaders and staff, and others on the role of the Center and sustainability in partnership with Applied Sustainability Center and the Center for Agricultural and Rural Sustainability. 
 
Staff Attorney Marne Coit moderated a panel discussion on Farm Policy: Factory Fields, Hunger, and the Environment at the Vermont Law School Sustainable Agriculture Conference, "Food, Fuel, and the Future of Farming."  The conference brought together innovative thinkers from across the country to discuss the relationships between sustainable agriculture, renewable energy, and climate change. 



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