Northeastern University Law Journal Newsletter • Winter 2012
Editors’ Introduction In this Issue 2
Introducing From Seed to Stomach: Food and Agricultural Law Announcing Economic, Social, and Cultural Rights: NULJ special edition Annual Symposium: Bullying in Secondary and Higher Education
Katie Dunn, Articles Editor
2012 – 2013 Editorial Board Applications
The Northeastern University Law Journal is now in its fourth year of publication, and 2011-2012 marks our most ambitious year to date. We are in various stages of preparing three different issues for publication. Articles from the 2011 Symposium, “From Seed to Stomach: Food and Agricultural Law,” will appear in the first issue of Volume 4 set for publication in early 2012. Our second issue will compile scholarship from the Economic, Social, and Cultural Rights (ESCR) Institute hosted this past fall by the Program on Human Rights and the Global Economy (PHRGE). This issue marks the first time NULJ has published semiannually. Finally, we are soliciting and reviewing articles to be presented in conjunction with the Law Journal’s annual symposium on March 30, 2012 and published in the first issue of Volume 5. The symposium will spotlight scholarship addressing new legal developments related to bullying in secondary and higher education institutions. All told, these three issues will comprise more than thirty articles, essays, and notes written by scholars, practitioners and students from across the country. Our mandate is simple—to promote practical, novel, and relevant legal scholarship. Each issue represents the work of not only the authors, but also that of more than sixty editors and staff members who dedicate significant time and effort to this endeavor. The final product is both our goal and our reward: we take pride in a publication that furthers the law school’s tradition of innovation and collaboration, and in the opportunity to contribute to a project larger than ourselves.
From Seed to Stomach: Food and Agricultural Law Vol. 4, No. 1 The Northeastern University Law Journal is working diligently to finalize its fourth publication, “From Seed to
article closes with a proposal for a proactive intervention to end the cycle.
Stomach: Food and Agricultural Law.” This volume features
The Symposium Keynote Speaker, Martha Echols, penned
seven scholarly articles and three NUSL student-written pieces.
the next article entitled The Cultures of Food: Quality and Safety
“From Seed to Stomach” follows the symposium of the same
in an International Context. This piece examines the forces
name that took place on January 21, 2011 and includes articles
behind food regulation, and how these forces can lead to
by academics and practitioners covering a broad range of food
overregulation that can lead to insensitivity to varying cultural
preferences. Several examples are examined, including the
The Journal opens with Pastures of Peonage: Tracing the
experience of those who prefer raw milk (as opposed to
Feedback Loop of Food through IP, GMOs, Trade, Immigration,
pasteurized and homogenized milk readily available in the
and U.S. Agro-Maquilas, an article coauthored by the late Keith
supermarket) who have come under recent scrutiny by the
Aoki of the King Hall School of Law, University of California at
federal government. While there is a clear need for food safety
Davis. Sadly, Professor Aoki passed away on April 26, 2011, just
regulation, the argument becomes less clear when those regulated
months after his participation in the symposium. The NULJ is
constitute a small portion of the population, are aware of the
proud to dedicate this volume of the Journal to Professor Aoki.
risks associated with their food choices, and are making a
Since Professor Aoki’s passing, his coauthors, John Shuford of Gonzaga University, Esmeralda Soria, and Emilio Camacho,
culturally-motivated decision to choose products created by traditional methods.
have been instrumental to the completion of Pastures of Peonage.
The next article, by A. Bryan Endres, is entitled An
This thought provoking article traces a feedback loop that begins
Evolutionary Approach to Agricultural Biotechnology: Litigation
with the farm consolidation forces within U.S. policy and
Challenges to the Regulatory and Common Law Regimes for
intellectual property regimes that simultaneously put economic
Genetically Engineered Plants. This article surveys the current
pressure on small family farms in countries such as Mexico, and
legal landscape for genetically engineered crops, recognizes the
create a demand for low cost labor within the U.S. The authors
legal precedent for a private law remedy available to farmers
demonstrate that this loop causes both a push factor, as small
whose crops have been contaminated by genetically engineered
farms are less economically feasible, and a pull factor, that draws
material, and suggests that the hands-off approach here-to-now
immigrants into the U.S. only to meet an immigration law
utilized by U.S. regulatory bodies is in need of revision.
policy that is out of step with the reality of these factors. The 2
Baylen Linnekin’s article, The Food-Safety Fallacy: More NULJ Newsletter, Vol. 2, Issue 1
Regulation Doesn’t Necessarily Make Food Safer, takes an even
industry. Specifically, the authors detail the genetically modified
stronger stance. Linnekin cites numerous examples where food
material contamination of certain U.S. crops which has led to an
over-regulation has made the U.S. population less safe and
import ban by the EU and other countries sensitive to GM
advocates for the FDA to return to its original mission—
contamination. This article advocates that the U.S. government
controlling the spread of communicable diseases—rather than
should take a stronger stewardship role in this developing market
continuing on the current path where the FDA concerns itself
and details potential regulatory alternatives.
with any matter of general public interest or concern.
In the first student contribution, entitled Trust Doctrine:
The next article, The Moveable Feast: Legal, Ethical, and
The Search for a Legal Framework to Govern Open Ocean
Social Implications of Converging Technologies on Our Dinner
Aquaculture in America’s Federal Waters, Kenneth R. L. Parker,
Tables, coauthored by Linda MacDonald Glenn and Lisa
NUSL ’13, explores the implications and practicability of
D’Agostino, aims to anticipate the next food trend – the
applying a federal public trust doctrine to promote increased
incorporation of nanotechnology. The authors outline a legal
food production in our nation’s oceans. The article begins by
framework for the futuristic technology and the resulting food
describing the present state of open ocean aquaculture,
products it will create. Nanotechnology will allow for advances
highlighting the tension between a rising demand for
such as targeted nutrition, lab-grown meat, or food packaging
aquaculture food production and shrinking ocean resources.
that reports spoilage before it is otherwise visible. Yet, along with
After a brief discussion of how states developed the public trust
this potential comes new legal problems and difficulties in
doctrine to manage their own water resources, the article
classifying these future foods within current regulatory regimes.
analyzes a variety of issues in applying this doctrine at the federal
This article addresses some of these concerns by highlighting the
level, including whether a federal public trust doctrine exists and,
problem areas that current regulatory bodies will likely face with
if so, whether it carries the force of law or simply establishes
these new technologies.
equitable principles. Concluding that interest in recognizing a
Alumnus Robert Moore, NUSL ’06, contributed the next
federal public trust doctrine remains low, primarily because the
article, Block the Insanity: Leveraging the Cable Franchising
Supreme Court has left this task to Congress, Mr. Parker refuses
Authority to Grant Parents the Ability to Block Advertising
to accept a complete absence of a legal framework to govern the
Targeting Young Children. Moore’s article focuses on the
expansion of aquaculture into U.S. oceans and posits that
problem of childhood obesity vis-à-vis children’s susceptibility to
allowing extension of the state public trust doctrine into federal
television advertisements and traces a legal solution to this
waters will provide the appropriate balance necessary to increase
problem. The proposal’s ultimate suggestion allows parents to
aquaculture food production with competing interests in our
utilize existing technology to block certain advertisements
nation’s water resources.
deemed to be specifically targeted to children within a certain
Shelley Barron, NUSL ’12, addresses the food policy and
age group, similar to current systems that allow for the
preemption issues raised by the National Meat Association case in
restriction of adult-rated content.
her article entitled California’s Continued Struggle Against
The final practitioner-written article returns to the topic of
Nonambulatory Animal Slaughter and the Limits of Federal
genetically engineered crops. New and Existing GM Crops: In
Preemption: National Meat Association v. Brown. First, Ms.
Search of Effective Stewardship, coauthored by Colin A. Carter
Barron provides an overview of California’s Section 599f statute
and Guillaume P. Gruère, details the missteps of the farming
banning the slaughter of nonambulatory animals and the federal
NULJ Newsletter, Vol. 2, Issue 1
preemption doctrine in the field of food policy regulation. The comment continues with an in-depth analysis of the district court decision to enjoin the enforcement of Section 599f as preempted by federal law, and the Ninth Circuit decision vacating that preliminary injunction and prioritizing the state’s interest in promoting public health by regulating the kinds of
Economic, Social, and Cultural Rights
animals that may be slaughtered. The author concludes, in agreement with the Ninth Circuit decision, that the California statute is not expressly preempted by or in conflict with federal
NULJ special edition
law, and in fact furthers the public health goals central to the federal program. National Meat Association is currently pending a decision by the U.S. Supreme Court, following arguments on November 9, 2011. The Journal closes with a contribution by last year’s Publications Editor, Veronica Louie, NUSL ‘11. The comment, Masquerading Behind Words: The Corn Refiners Association’s Push to Rename High-Fructose Corn Syrup as “Corn-Sugar,” addresses the recent publicity move the corn industry has made to avoid the negative publicity high-fructose corn syrup has acquired in today’s nutrition-focused society. Ms. Louis addresses the legal implications of the name change, and the possible alternatives available to challenge the name change. The author ultimately advocates that the change may harm consumers and serve to obscure the ingredient’s identity from those who choose to avoid products containing high-fructose corn syrup.
For more information about NULJ, our publications, the upcoming symposium, or how to obtain a hard copy of the Food and Agricultural Law edition, please visit www.nulj.org 4
The Northeastern University Law Journal is excited to announce that, for the first year ever, the Journal will be publishing a special edition in collaboration with the Program on Human Rights and the Global Economy (PHRGE). This edition will focus on Economic, Social, and Cultural Rights (ESCR), providing a forum for a broad range of rights-based arguments in support of access to economic, social, and cultural resources for individuals, groups, and populations. This special ESCR edition follows on the heels of "Framing Economic, Social and Cultural Rights for Advocacy and Mobilization: Towards a Strategic Agenda in the United States," an enormously successful institute hosted at Northeastern University School of Law on November 3, 2011. The program attracted dozens of practitioners and renowned experts in the field of ESCR, many of whom are expected to submit articles for potential publication in the Journal's special ESCR edition. With the ESCR special edition, NULJ has undertaken the immense task of publishing two editions simultaneously. This is an ambitious undertaking and a milestone in the Journal's quest to distinguish itself as a publication dedicated to high-quality scholarship on cutting-edge issues. The Journal already has begun reviewing prospective articles and essays for the issue, which is slated for release in summer 2012.
NULJ Newsletter, Vol. 2, Issue 1
Annual Symposium: Bullying in Secondary and Higher Education
March 30, 2012
Every year, the NULJ organizes and sponsors a symposium directly related to the upcoming publication. This daylong event brings together scholars, practitioners, policymakers and students to discuss a particular issue of pressing importance to the contemporary legal community. Recent symposia have focused on topics such as emerging issues in food and agricultural law and our evolving understanding of Second Amendment jurisprudence in light in recent Supreme Court decisions. This year’s symposium focuses on the current and future implications of school bullying laws given the recent attempt within Massachusetts and other states to address school bullying through legislation.
The 2011-2012 Editorial Board has transitioned to two Articles Editors per rotation. The addition of a second Articles Editor enables the NULJ to keep pace with the grueling schedule necessary to successfully publish the Journal each year. This need is even more evident this year as the Journal works to publish “From Seed to Stomach” as well as the PHRGE Economic, Social, and Cultural Rights Special Edition. Since the last NULJ Newsletter, the Editorial Board is proud to welcome Katie Dunn (NUSL ’13, JD/MPH), as the second Fall/Spring Articles Editor. Katie has been an invaluable addition to the Journal and the NULJ is excited to have her.
On March 30, 2012, attorneys, school administrators, scholars, and activists will come together at NUSL to discuss and debate the legal developments related to school bullying and the implications these laws have for communities in Massachusetts and beyond. The symposium promises to promote a broad dialogue on school bullying issues, including such topics as cyber-bullying and the First Amendment, the scope of school administrators’ legal obligations and liabilities, hazing in higher education, and the potential for criminal prosecution. The pervasive issue of school bullying is an important and pertinent topic, and the Northeastern University Law Journal looks forward to hosting this timely and constructive dialogue.
NULJ Newsletter, Vol. 2, Issue 1
2012 – 2013 Editorial Board Applications
2011-2012 Editorial Board Fall/Spring Editors
F/S due January 6, 2012 S/W due March 23, 2012
Nathan Burk – Editor-in-Chief Ralph Gillis – Articles Editor Katie Dunn – Articles Editor
The NULJ is now soliciting applications for the 2012-2013 Editorial Board. Serving as an Editor allows you to make a substantive contribution to shaping the Journal’s future. No longer in its infancy, the NULJ is continually in need of dedicated individuals who want to help the Journal continue to grow and succeed as a unique publication. Available positions include: • Editor-in-Chief (1 per rotation) • Articles Editor (2 per rotation) • Publications Editor (1 per rotation) • Managing Editor (1 per rotation) • Symposium Editor (1 per rotation) Applicants must be current staff members in good standing who have served two quarters on the Journal. When applying for an Editorial Board position, please provide the following materials: • • •
A statement of interest detailing which Editor position(s) you are applying for and why; A current resume; A writing sample (no more than 5 pages, with journalstyle footnotes; may be something used in another class but not the same writing sample submitted when you applied as a staff member); and Evaluations (course and co-op)
Philip Snodgrass – Publications Editor Elizabeth Reardon – Managing Editor Jonathan Cohen – Symposium Editor
Summer/Winter Editors Ian Coghill – Editor-in-Chief Stephanie Cocce – Articles Editor Meghan Glynn – Articles Editor Amy Perlack – Publications Editor Michael Stefanilo – Managing Editor David Swanson – Symposium Editor
Faculty Advisors Prof. Sonia Rolland Prof. Michael Meltsner Prof. David Phillips
Fall/Spring Editor applications are due at 5 PM on Friday, January 6, 2012. Summer/Winter Editor applications are due at 5 PM on Friday, March 23, 2012. Please email your application to firstname.lastname@example.org Information regarding Senior Staff and Staff applications for the 2012-2013 NULJ will be available during the upcoming Spring quarter. 6
www.nulj.org email@example.com NULJ Newsletter, Vol. 2, Issue 1