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Volume Thirteen Number One Spring 2017

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Volume Thirteen Number One Spring 2017 ʹͲͳ͹ C O N T E N T S ESSAYS ON FOOD POLICY IN THE TRUMP ERA CONTRIBUTING AUTHORS Mark Bittman Sophia Kruszewski Garrett M. Broad Erik Loomis Emily M. Broad Leib Lesley K. McAllister Stephen Carpenter Lauren Manning Nevin Cohen D. Lee Miller Marne Coit Michael Pollan Graham Downey Margot Pollans Olivier de Schutter Janet Poppendieck Leah Douglas Nathan A. Rosenberg Nicholas Freudenberg Susan A. Schneider Joshua Galperin Ricardo Salvador Jess Gilbert Bryce Wilson Stucki Neil D. Hamilton Marilyn Sinkewicz Karen Hansen-Kuhn Kirsten Valentine Cadieux Calvin Head ARTICLES Farmers Market Rules and Policies: Content and Design Suggestions ( From a Lawyer)…. ...............................Jay A. Mitchell 181 ALDF v. Otter: What does it mean for other State’ s “ Ag- gag” Laws? ..................................Jacob Coleman 198 Journal of Food Law & Policy ͳ045 West Maple Street Fayetteville, AR 72701 Phone: 479-575-2754 Fax: 479-575-3540 [email protected] The Journal of Food Law & Policy is published twice annually by the University of Arkansas School of Law in Fayetteville, Arkansas. This issue was printed at Joe Christensen, Inc., Lincoln, Nebraska 68521. Subscription Information: The Journal of Food Law & Policy is available to subscribers for $34.00 per year. Subscribers may mail a check and contact information to the Journal offices. Changes of address should be sent by mail to the address above or to ̷ǤǤ Journal ǡ ǡ iption expires. Back issues may be purchased from William S. Hein & Co., 1285 Main Street, Buffalo, New York 14209-1987, 1-800-828-7571. Citation Format: Please cite this issue of the Journal of Food Law & Policy as 13 J. FOOD L. & POL’Y 1 (2017). Manuscripts: The editors of the Journal of Food Law & Policy encourage the submission of unsolicited articles, comments, essays, and reviews on a wide variety of food-related topics. Manuscripts should be double-spaced, with text and footnotes appearing on the same page, and all submissions should include a biographical paragraph or additional information about the author(s). Manuscripts may be sent to the Editor-in-Chief by traditional post to the Journal offices, or by e-mail to ̷ǤǤ Ǥ Disclaimer: Journal of Food Law & Policy Ǧ Ǥ y the U.S. Department of Agriculture under Agreement No. 59-8201-9-115 with assistance provided through the National Center for Agricultural Law. Any opinions, findings, conclusions or recommendations expressed in the Journal articles are those of the individual authors and do not necessarily reflect the view of the U.S. Department of Agriculture, the National Center for Agricultural Law, or the University of Arkansas School of Law. Postmaster: Please send address changes to the Journal of Food Law & Policy, University of Arkansas School of Law, 1045 West Maple Street, Fayetteville, AR 72701. Journal of Food Law & Policy 2016-2017 Editorial Board EMILY O’NEAL Editor-in-Chief HANNAH RUCKER BO RENNER Executive Editor Articles Editor CAROLINE KELLEY Note & Comment Editor LARRY D. TREAT JACOB COLEMAN Note & Comment Editor Note & Comment Editor KELLY BROWN Managing Editor ALEX T. SHIRLEY Member Candidates ARNETTA J. PORTER CELINA WALKER COLE MATLOCK ELIZABETH RYSTROM SAM COWHERD ASIA CRUZ JOSEPH MEYERS PHILLIP TREAT RICKY NOLEN MEGAN LOMBARDI SON NGUYEN EMILY HELMICK Faculty Advisors SUSAN SCHNEIDER NATHAN ROSENBERG ̹!ʹͲͳ͹ Volume 13 Number 1 2017 UNIVERSITY OF ARKANSAS SCHOOL OF LAW Professor of Law SHARON E. FOSTER, B.A., M.A., J.D., LL.M., ǤǡǤǤǡǤǤǤǡ ǤǤǡǤǤǡ Dean and Professor of Law Associate Professor of Law ILLIAM OSTER Ǥ ǡǤǤǡ ǤǤǡ W F , B.S., J.D., LL.M., Senior Associate Dean for Academic Affairs Associate Professor of Law and Professor of Law BRIAN GALLINI, B.A., J.D., LL.M., ǤǤǡ ǤǤǡ Associate Dean for Faculty and Professor of Assistant Director of Career Services Law Ǥ ǡǤǤǤǤǡ ǤǤǡ CAROL GOFORTH, B.A., J.D., Associate Dean for Students Clayton N. Little Professor of Law LYNN STEWART, B.S., B.S., C.P.A., M.B.A., SARAH GOSMAN, B.A., M.P.A., J.D., Budget Director and Building Executive Assistant Professor of Law SUSAN E. SCHELL, B.A., M.A., J.D., JANIE HIPP, B.A., J.D., LL.M, Director of Career Planning and Placement Director of the Indigenous Food and Agriculture Initiative PATTI COX, B.A., Director of Development & External AMANDA HURST, B.A., J.D., Relations Visiting Assistant Professor of Law FACULTY DONALD P. JUDGES, B.A., J.D., PH.D., Associate Dean of Graduate Programs and LISA AVALOS, B.A., M.A., PH.D., J.D., Experiential Learning Assistant Professor of Law CHRISTOPHER R. KELLEY, B.A., J.D., CARLTON BAILEY, B.A., J.D., LL.M., Robert A. Leflar Distinguished Professor of Associate Professor of Law Law ANN M. KILLENBECK, B.A., M.A., M.ED., LONNIE R. BEARD, B.A., J.D., LL.M., J.D., PH.D., Professor of Law Associate Professor of Law CHIEF JUSTICE HOWARD W. BRILL, A.B., MARK R. KILLENBECK, B.A., M.A., M.ED., J.D., LL.M., J.D., PH.D., Vincent Foster University Professor of Legal Wylie H. Davis Distinguished Professor of Ethics and Professional Responsibility Law CHAUNCEY E. BRUMMER, B.A., J.D., ROBERT BLEFLAR, A.B., J.D., M.P.H., Professor of Law Ben J. Altheimer Professor of Legal Advocacy DUSTIN BUEHLER, B.A., J.D., Associate Professor of Law JONATHAN L. MARSHFIELD, B.A., J.D., LL.M, NICOLE CIVITA, B.A., J.D., LL.M, Assistant Professor of Law Visiting Assistant Professor of Law MARY ELIZABETH MATTHEWS, B.S., STEPHEN CLOWNEY, B.A., J.D., J.D.,Sidney Parker Davis, Jr. Professor of Associate Professor of Law Business and Commercial Law ANGELA DOSS, B.A., M.A., J.D., ROBERT B. MOBERLY, B.S., J.D., Director of Externship Programs and Dean Emeritus and Professor of Law Coordinator of Academic Success TIFFANY MURPHY, B.S., J.D., UCHE EWELUKWA,DIP. L., LL.B., B.L., Assistant Professor of Law LL.M., LL.M., Professor of Law CYNTHIA E. NANCE, B.S., M.A., J.D., Nathan G. Gordon Professor of Law JANET A. FLACCUS, B.A., M.A., J.D., LL.M., PHILLIP E. NORVELL, B.A., J.D., Arkansas Bar Foundation Circulation Manager Professor of Law JACQUELINE M. DUNN LAURENT SACHAROFF, B.A., J.D., Business Manager Associate Professor of Law ANGELA HACKSTADT KATHRYN A. SAMPSON, B.A., J.D., Serials Librarian Associate Clinical Professor LORRAINE K. LORNE, B.A., J.D., M.L.S., SUSAN A. SCHNEIDER, B.A., J.D., LL.M., Assistant Director and Reference/Access Professor of Law and Director of the LL.M. Services Coordinator Program in Agricultural & Food Law NANCY J. PHILLIPS ANNIE B. SMITH, B.A., J.D., Library Supervisor Assistant Professor of Law CHAD POLLOCK, B.A., M.DIV., M.A., TIMOTHY R. TARVIN, B.A., J.D., Electronic Services Librarian Associate Professor of Law MONIKA SZAKASITS, B.A., J.D., M.S.L.I.S., DANIELLE WEATHERBY, B.A., J.D., Associate Director Assistant Professor of Law RANDALL J. THOMPSON, B.A., J.D., M.L.S., Director ROBERT E. WHEELER ROBERT &VIVIAN YOUNG Audio Visual Aid Supervisor LAW LIBRARY COLLEEN WILLIAMS, B.A., J.D., M.L.I.S., CHRIS ABEL Reference Librarian Computer Systems Administrator ADAM ZORZIN CATHERINE P. CHICK, B.A., M.L.S., Computer Support Specialist Reference Librarian JO ANNA COLLINS The University of Arkansas School of Law is a member of the Association of American Law Schools and is accredited by the American Bar Association. JOURNAL OF FOOD LAW AND POLICY VOL.13 ISSUE 1 Foreward This issue introduces a new format to the Journal of Food Law and Policy. Like many law reviews, we have primarily focused on publishing legal articles, which, by tradition, and now definition, are lengthy. As one guide for foreign scholars explains, law review articles “are generally between thirty and 150 pages, with as many as 500 to 600 footnotes.”1 They are also prone to suffer from what Garner’s Dictionary of Legal Usage refers to as “law reviewese,” a “stilted, jargonistic writing style. .lacking in personality or individual idiom.”2 JFLP has resisted law reviewese from its inception, seeking to serve as an intelligent and intelligible forum for policymakers, practitioners, and academics from a wide range of fields, in addition to legal scholars. This issue contains two articles that represent the best of the accessible and incisive scholarship we are trying to foster. The first, Jay Mitchell’s Farmers Market Rules and Policies: Content and Design Suggestions, is informed by the author’s years of experience with the subject and will immediately be useful to many of our readers. The second, Jacob Coleman’s ALDF v. Otter: What Does It Mean for Other State’s “Ag-Gag” Laws?, is a compelling and concise discussion of the state of ag-gag litigation. It is also the winner of the Arent Fox / Dale Bumpers Excellence in Writing Award which is awarded to the Journal of Food Law and Policy Staff 1. David B. McGinty, Writing for a Student-Edited U.S. Law Review: A Guide for Non-U.S. and ESL Legal Scholars, 7 N.Y. CITY L. REV 39 (2004). http://academicworks.cuny.edu/clr/vol7/iss1/3 2. BRYAN GARNER, Garner’s Dictionary of Legal Usage,OXFORD U. PRESS, (2001). JOURNAL OF FOOD LAW AND POLICY [Vol. 13 Editor with the best student written article of all Journal of Food Law and Policy candidates during their candidacy year. After Donald Trump’s victory last November, we put out a call for brief essays examining what happened, what’s likely to happen, and what policymakers and advocates can do to keep pushing forward.
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