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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

law topics.

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

Spring 2012

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 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

Katie Dunn

March 30, 2012

Articles Editor

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 Information regarding Senior Staff and Staff applications for the 2012-2013 NULJ will be available during the upcoming Spring quarter. 6 NULJ Newsletter, Vol. 2, Issue 1

NULJ Newsletter, Vol. 2, Issue 1  

Winter 2012

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