Friday, September 27, 2013

Food Recovery Project - Phase II

We are delighted to announce that the Women's Giving Circle at the University of Arkansas voted today to fund Phase II of our Food Recovery Project.  Phase II will build upon the work done this past year in moving our community toward reduced food waste and increased food donation to those in need.

In Phase I, we produced legal resources to address concerns about potential legal liability for food donation.  Our publication, Food Recovery: A Legal Guide, by Nicole Civita, has been very well received and is now a resource link for the Food Recovery Network, the Campus Kitchens Project, and others involved in food waste recovery.

Phase II will record and publicize what food recovery activities are taking place in our region. Our LL.M. candidates will interview farmers, businesses and food assistance providers about their food recovery plans, documenting their work. Articles about this work will be published on a new Food Recovery Project blog and provided to the media for maximum coverage.  Models of successful food recovery will be publicized and promoted, encouraging more businesses to engage with this issue. Pictured above, left to right, are UA Chancellor Dave Gearhart, Don Judges, Associate Dean for Graduate and Experiential Learning at the Law School, Susan Schneider, Director of the LL.M. Program, and Melissa Werner, President of the Women’s Giving Circle.

We again thank the Women’s Giving Circle for giving us the opportunity to do this fulfilling work.

Sunday, September 22, 2013

Updated LL.M. Curriculum

Our curriculum in the LL.M. Program has always reflected the emerging issues of the time and the interests of our LL.M. candidates. While we have always provided for a core curriculum that included the basics, our electives have varied from year to year.  LL.M. candidates in recent years are very familiar with our variety of "Special Topics" classes.

As part of our Program Review process, we undertook a review of our curriculum, past and present. We decided to formalize some of the Special Topics courses that we have offered repeatedly, and we decided to create some new courses based on student interest and emerging issues.  This will result in an expanded curriculum that is being developed throughout this year.  We hope to offer some of the courses as online offerings, some as condensed workshops, and some as traditional semester based courses.  While we may have to stagger the face-to-face delivery of the courses each year, online and related distance offerings will allow us to provide full access to each incoming class. And, remember that alumni are always encouraged to take advantage of our new classes.

Here is a listing of our proposed new curriculum:

Course Title
Course Description
Introduction to the Law of Food & Agriculture
Orientation course that provides an overview of the legal and policy issues presented by the production of food and fiber, including a discussion of structural changes in agriculture, sustainability issues, and trends in consumer interest.
Agriculture and the Environment
Agriculture is increasingly criticized for its impact on the environment. This course examines the tensions between the desire to produce food and fiber efficiently and concern for sustainability and the protection of natural resources.
Food Law & Policy
An introduction to the network of laws that govern our food system. An overview of regulation by both the Food & Drug Administration and the USDA is provided. Policy considerations are discussed in light of current issues.
Federal Farm Programs and Crop Insurance
Survey of the complex network of federal farm programs and federal crop insurance programs that are available to U.S. producers.
Agricultural Perspectives
Agriculture has a rich and varied history, and today’s issues are often best understood in the context of this history.  This course examines a wide range of social and economic issues, considering their origin and how history is reflected in today’s policies. The course includes a series of documentaries. 
Advanced Writing in Agricultural & Food Law
Research in a specialized area of agricultural or food law and development of a paper that demonstrates rigorous legal analysis and quality legal writing.
Administrative Process and Practice in Agricultural & Food Law
Study of administrative law & practice in the specialized areas of agricultural and food law.  Relevant regulatory agencies are introduced.  Rulemaking, adjudication, and judicial review are covered. 
Agricultural Bankruptcy
Examination of bankruptcy law as applied to agricultural operations, including Chapter 12 - Family Farmer Reorganization. No prior knowledge of bankruptcy is required.
Agricultural Biotechnology
Study of the regulation of agricultural biotechnology, including the approval process for new technologies, the patenting of new products and technologies, and the restrictions associated with their use.
Agricultural Cooperatives and Local Food Systems
Introduction to the legal structure of a cooperative and examination of the recent use of the cooperative model in encouraging local and regional food systems
Agricultural Finance & Credit
Study of the legal issues surrounding the financing of agricultural operations, including credit availability, agricultural security issues under the Uniform Commercial Code, and debt restructuring opportunities. Special focus is on lending options offered by the Farm Service Agency and the Farm Credit System.
Agricultural Labor Law
Study of the legal, social, and economic issues that arise from the extensive use of migrant labor in U.S. agricultural operations. Topics include agricultural exemptions from labor laws, the Migrant & Seasonal Agricultural Worker Protection Act, and agriculture’s reliance on undocumented alien workers.
Agricultural Policy & the Federal Budget
Study of the impact of the Office of Management and Budget and the cost scoring system on federal agricultural policy making in Washington, D.C.  Current farm policy issues are discussed within the context of budgetary constraints and pressures.

Agricultural Water Law
Study of the basic legal principles applicable to water rights through consideration of water rights for agricultural use.
Energy Policy & Agriculture 
Survey of the legal dimensions of various energy issues occurring on agricultural lands and in rural areas, including wind power, solar power, ethanol production, power line transmission, and fracking
Environmental Regulation of Agriculture
This course examines the major federal environmental statutes applicable to agricultural operations with attention to current cases and controversies under those laws.  It also explores the regulatory authority and enforcement practices of the EPA and other agencies.
Farmed Animal Welfare Law & Policy
Examination of the legal issues involved in determining welfare standards for animals raised for food.  In addition to introducing federal animal welfare and humane slaughter laws, state referenda, state law standards, and so-called “ag gag” laws are studied. 
Federal Nutrition Law & Policy
Study of federal nutrition policy, including the development of the federal nutrition standards, the framework for the food assistance programs, the federal school lunch program, and the government’s efforts to encourage healthy eating.
Federal Regulation of Food Labeling
Study of the federal laws regarding the labeling of food, considering both FDA and USDA regulation. The course includes the study of nutrition labeling, health claims, advertising issues, and efforts to curb the obesity epidemic through educational labeling.
Federal Regulation of Food Safety
Study of the federal laws that regulate food safety, considering the FDA authority under the Food, Drug and Cosmetic Act, as expanded by the Food Safety Modernization Act and USDA authority to regulate meat and poultry safety. Current issues and concerns are addressed. 
Food Justice: Law & Policy
Survey of the legal and policy issues raised by the food justice movement. Topics covered include food insecurity and poverty, public health concerns such as obesity, the economics of healthy eating, food deserts, and food waste.
Food Safety Litigation
Examination of food borne illness litigation with an initial introduction to food product liability followed by the study of actual cases brought against food manufacturers
Food, Farming & Sustainability

Survey of the complex legal topics that make up the body of agricultural and food law focusing on current issues of significance.
Global Food Security
Survey of the role of law and policy in affecting problems of global food security in the face of increasing population, changing diets, environmental pressures, and climate change.
Independent Research in Agricultural & Food Law
Independent research in agricultural and food law conducted under the supervision of a faculty member.
International Agricultural Trade (still offered as Special Topics)
Study of the legal issues arising in the trade of agricultural goods, including WTO disputes involving food and agriculture.
Introduction to Agricultural Income Taxation
Overview of federal income tax law as applied to agricultural operations.
Legal Issues: Indigenous Food & Agriculture
This course examines the complex interaction of tribal law, treaties, and federal agricultural and food laws, including property law applicable to tribal lands.

Specialized Legal Research and Writing
Legal writing skill development, including training in plain-English legal writing, electronic research training, and publication strategies.
Local/Regional Food Systems & the Law
This course examines recent efforts to re-establish local and regional food systems and explores the attendant legal and policy issues.
Regulated Markets in Agriculture
Study of the economic regulation of specific sectors of the agricultural industry focusing on perishable agricultural commodities (fruits & vegetables), and dairy products. Included is the study of formal and informal administrative review.
Regulation of Livestock Marketing & Sales
Study of the regulation of livestock and poultry sales under the Packers and Stockyards Act, with a particular focus on production contracting, mandatory price reporting, industry concentration, and anti-trust issues.
Selected Issues in Agricultural and Food Law
Specialized study of one or more current issues in agricultural and food law, regulation, and policy
Selected Issues in International Food & Agriculture

Specialized study of one or more current legal or policy issues related to international agriculture and food systems
Urban Agriculture: Law & Policy
Study of the legal issues raised by the rising interest in urban agricultural activities.  Topics of study include land use and zoning issues, farmers market issues, and legal issues associated with community sponsored agriculture.

Welcome to the New LL.M. Class

This year’s LL.M. class is a diverse and talented group of attorneys with law degrees from the UCLA, the University of Colorado, Indiana University, Vermont Law School, the University of Londrina in Brazil, the University of Arkansas at Little Rock (William Bowen School of Law), Arizona State University, the University of South Carolina, and, our own University of Arkansas School of Law.  

We have fifteen candidates in total, with three special candidates attending part-time to allow for their full-time employment. Two are participating in the Program by distance education, helping us to develop our use of the University’s new video conferencing capabilities.  

Jeremy Baker
Served as Research Assistant to Professor Lakshman Guruswamy on manuscript, Global Energy Justice to be published by Foundation Press
J.D., University of Colorado Law School
Associate Editor, Colorado Natural Resources, Energy and Environmental Law Review,
Sandgrund Environmental Law Fellowship (Summer 2012)
Dean’s Scholar
Clerking, internships and research assistantships:  USDA, Golden, Colorado; WildEarth Guardians; Natural Resources Law Center
B.A., Northwestern University (Economics)
Publications: Note, The Waikato-Tainui Settlement Act: A new High-Water Mark for Natural Resources Co-management, 24 colo. j. int’l envtl. l. & pol’y 163 (2013).
Experience includes: Produce Manager, Mediterranean Market, Queenstown, New Zealand; General Manager, Trimet Associates; ESL Instructor, Hiosaki, Japan; Lead Underwriter, Jones Lang LaSalle; Financial Analyist, Jones Lang LaSalle

Lauren Bernadett
J.D., University of California School of Law at Los Angeles
Managing Editor, UCLA Law Review, (2012-13); Staff (2011-12)
Associate Editor, Journal of Environmental Law and Policy (2010-11)
Recipient, Joyce A. Will Scholarship in Environmental Law (2013 merit based award)
Clerking, internships and research assistantships: Emmett Center on Climate Change and the Environment, Natural Resources Defense Council, Islands First, Office of California Attorney General
B.A., cum laude, University of California at San Diego (Sociology with High Distinction)
Agricultural Soil Carbon Sequestration Offset Programs: Strengths, Difficulties, and Suggestions for Their Potential Use in AB 32’s Cap and Trade Program, 31 UCLA J. EnvtlL. L. & Poly (forthcoming 2013);
Federal and State Aquaculture Permitting and Leasing Regulations: Balancing a Growing American Industry with Environmental Protection, 23 San Joaquin Agric. L. Rev. (forthcoming 2014);
The Parties to the Nauru Agreement’s Vessel Day Scheme: Accounting for the Rare Success of an International Agreement (forthcoming 2014, in expedited review process).

Mark Cohen
Attorney, The Cohen Law Group
Board of Editors, Colorado Lawyer; Chairperson of the Board (2012-2013)
J.D., University of Colorado School of Law
B.A., Whitman College (Economics)
Prior legal experience includes: Cohen Horner, LLP; Municipal Prosecuting Attorney; Interim Municipal Judge; Judge Advocate, U.S. Air Force, (Captain); Special Assistant U.S. Attorney (Omaha, NE)
Numerous Legal Publications for the Bar including:
Book Review-Writing for Dollars, Writing to Please: The Case for Plain Language in Business, Government, and Law, The Colorado Lawyer (Nov. 2012); Book Review-Preparing Witnesses: A Practical Guide for Lawyers and Their Clients, The Colorado Lawyer (Dec. 2012); Cause of Action to Establish Liability of Corporate Director or Officer for Corporation’s Wrongful Conduct, 36 COA2d 441 (2008), Elements of an Effective Workplace Violence Program, The Colorado Lawyer, (July 2004).
Published works:
Bluetick Revenge: A Pepper Keane Mystery, Mysterious Press (Div. of Time/Warner)
The Fractal Murders: A Pepper Keane Mystery, Mysterious Press (A Book Sense 76® Top Ten Mystery Selection (Fall 2002) and a Finalist for the Colorado Book Award).
Mark is teaching Upper Level Legal Writing in the J.D. Program this year.

Kelly Damewood
J.D., Vermont Law School. magna cum laude
Staff Editor, Vermont Law Review
Full-time Judicial Extern to Judge Ricardo S. Martinez (Fall semester 2012)
Recipient, Vermont Law School Academic Excellence Award
Clerking and legal internship experience includes: Summer Associate position with the Crag Law Firm (public interest law environmental organization) and legal internship with Rural Vermont (a non-profit small farm advocacy organization)
B.A., University of Portland (English, Philosophy minor)
Prior farming and horticulture experience includes founding a operating a certified organic farm in Oregon
Kelly was awarded the 2013-14 Marler Clark Graduate Assistantship and is already authoring articles for Food Safety News.  

Teresa Cristina Garcia
LL.B., State University of Londrina, Brazil
Internships with the First Level Federal Court, Office of Legal Affairs, and the Federal Prosecutor’s Office
 “Agricultura Sustentável na Amazônia” (Sustainable Agriculture in Amazon Rainforest), Oficina de Disseminacao de Artigos (Dissemination Workshop Articles).
 “O direito à educação no ECA” (The right to education in ECA), VII Simposio Londrinense sobre o Estatuto da Criança e do Adolescente: do direito à educação e seus reflexos na formação cidadã infantojuvenil (Londrinense Symposium on the Child and Adolescent Statute: From the Right to Education and its Reflection inthe Formation of children and youth citizen).
 “A desaposentação no Regime Geral de Previdência Social e seus efeitos (Exlusion from the General Social Security System and its Effects)”, XI ENINCE – Encontro Integrado de Iniciação Científica e de Extensão (Integrated Meeting Undergraduate Research and Extension).
 “A desaposentação no Regime Geral de Previdência Social (Exlusion from the General Social Security System)”, IV Fórum de Disseminação de Trabalhos de Conclusão do Curso de Direito (Form for the dissemination of completion project of the Law course).
Adam Lichtenberger
J.D., University of Arkansas School of Law, magna cum laude
Member, Arkansas Law Review
Research Assistant, Susan Schneider
Communications Director, Equal Justice Works
Member, National Lawyer’s Guild
B.S., New College of Florida (Political Science)
            Sarasota Conservation Award
Clerking and related legal experience includes:
The Family Law Project in Ann Arbor, MI. (working to represent indigent survivors of domestic violence in family law matters);
Texas RioGrande Legal Aid Inc.,
Equal Justice Works Summer Fellow (advocated for agricultural workers in employment, wage theft, and labor trafficking disputes);
Legal Aid of Arkansas, AmeriCorps Member
Prior farming experience includes serving as Manager, Geraldson Community Farm (nonprofit organic vegetable farm)

Brian Mathison
Instructor (Chemistry), Department of Chemistry and Life Sciences, United States Military Academy, West Point
M.S., Agricultural and Environmental Chemistry, University of California, Davis
M.S., Finance, Indiana University Kelley School of Business
J.D., Indiana University School of Law
B.A., Indiana University (English Literature)
B.S., Indiana University (Biochemistry)
Military Education includes:
Chemical Corps Captains Career Course, Criminal Law Advocacy Course, The Judge Advocate General’s Corps Officer Basic Course, Finance Corps Officer Basic Course, Administrative Specialist Course, Finance Specialist Course, Basic Combat Training
Publications: A Rapid Method to Determine the Sterol, Erythrodiol, and Uvaol Concentrations in Olive Oil, J. agric. & Food Chemistry
Additional legal experience includes: 
Administrative and Operational Law Attorney, Joint Special Operations Task Force, Afghanistan
Trial Counsel, 11th Air Defense Artillery Brigade, Ft. Bliss, Texas
Trial Counsel, Sustainment Command (Expeditionary), Daegu, Korea
Deputy Legal Advisor, Joint Task Force-North (JTF-N), Ft. Bliss, Texas
Special Assistant U.S. Attorney (SAUSA), Office of the Staff Judge Advocate, Ft. Bliss, Texas
Legal Assistance Attorney, Tax Center Officer-in-Charge
Brian is attending the LL.M. Program part-time and participating this semester via LifeSize videoconferencing.

Ruth Laws McLain
J.D., University of Arkansas at Little Rock William Bowen School of Law
B.A., Haskell Indian Nations University, Summa Cum Laude (American Indian Studies)
Publications:  Bittersweet, Tribal College Journal (2010)
          Wakarusa, Tribal College Journal  (2009)
          Hesitation, Tribal College Journal (2009)  
Extensive professional experience in the non-profit and community sector including serving as the Executive Director of the North Arkansas Medical Foundation, the NOARK Girl Scout Council, the Northwest Crisis Intervention Center, the Moberly Area Chamber of Commerce, and the Lawrence County Chamber of Commerce and the Industrial Development Foundation;
Other related positions include Director of Volunteers, Episcopal Social Services; Coordinator of Hospice Volunteers, Faith Home Health and Hospice, LLC; Office Manager and Human Resources Manager, HistoRX, Inc.
Other experience includes: General Manager and Owner of Channel Z Cablevision, Inc., and work as a licensed realtor for Re/MAX One in New Mexico

Vena A-dae Romero
Executive Director, Cochiti Youth Experience
Pro Tem Judge, Karuk Tribe of California
J.D., Arizona State University College of Law
            Arizona State University American Indian Legal Program
            Co-Founder, Native-Poll-Ooza, Inc.
VITA tax preparation program
Arizona State Lead for MTV Rock the Vote
B.A., Princeton University (Public and International Affairs)
            President, Native Americans at Princeton
Prior professional experience includes: Special Assistant to the Governor, Pueblo de Cochiti; Grant writer, Big Valley Rancheria; Education Director, California Tribal TANF Partnership; Director of Native Vote 2006, National Congress of American Indians, Washington, DC;  Tribal Advocae, Salt River Pima-Maricopa Indian Community, Scottsdale, AZ;  Legislative Correspondent, Office of Senator Pete Domenici, Washington, D.C.;  Assistant for Permanent Forum on Indigenous Affairs, The United Nations, New York, NY
Published Works: 
Selected Poems in When The Rain Sings, edited by Lee Francis, Simon & Schuster Children's Publishing; 1st ed edition (November 1, 1999); Selected Poems in Night is Gone, Day is Still Coming, edited by B. Franco, Candlewick; 1 edition (July 14, 2003).
Erin Shirl
Former Staff Attorney and Research Coordinator, National Commission on Indian Trust Administration & Reform
J.D., University of Arkansas School of Law
            Junior Editor, Journal of Islamic law & culture (2010-2011)
            President/Founder, Law Student Animal Legal Defense Fund, Fayetteville (2010-2011)
            Benjamin J. Althemimer Moot Court Competition Quarterfinalist (2010)
            Philanthropy Chair & Marshal, Phi Alpha Delta Legal Fraternity-Garland Chapter (2009-2010)
B.A., Magna cum laude, Ouachita Baptist University (Political Science)
Outstanding Graduate in Political Science (2006)
Kathryn D. Smith
J.D., University of Arkansas School of Law
Editor in Chief, Journal of Food Law & Policy (2011-12)
Outstanding Contribution to Law School Publications Award
B.S., cum laude, University of Alabama (Criminal Justice)
Departmental Honors and Alpha Phi Sigma National Criminal Justice Honor Society
B.A., University of Alabama (Spanish) with University Honors
            DELE Certified at the Intermediate Level (Spanish)
Prior professional experience includes Law Clerk/Discovery Specialist, Bailey & Oliver Law Firm; Research Assistant for Prof. Carlton Bailey; Legal Assistant for a small estate planning law firm; and Assistant Manager with various retail companies
Kathryn is working as a Teaching Assistant for Associate Dean for Academic Affairs, Carl Circo in the development of a new Interviewing, Counseling, and Negotiating course for the J.D. Program and will assist in teaching the course next semester.

William Mitchell Spearman
Director of Development and External Relations, The Dale Bumpers College of Agricultural, Food and Life Sciences
Prior experience includes, Director of Planned Giving, University of Arkansas, Assistant Vice-President, Gift Planning and Major Gifts, Drexel University; Director of Gift Planning, Presbyterian College; Assistant Director, Planned Giving, Presbyterian College
J.D., University of South Carolina School of Law
G.G. Dowling Student Award (2006) (presented to a student that exhibits unwavering care and compassion to others)
Lieutenant Governor of the Fourth Circuit, ABA Student Section
Student Editorial Board, ABA , Real Property, Probate and Trust Journal
Clerking experience includes South Carolina House of Representatives, McNair Law Firm
B.A., cum laude, Presbyterian College (Political Science, with honors)
            Joseph O. Nixon Leadership Award (2003)
            Commendation from the Presbyterian College Board of Trustees (2003)
            Presbyterian College Student Leader of the Year (2002)
Internships with Governor Jim Hodges, Senator Strom Thurmond; Project Coordinator, USDA
Research and Publications:  The United Citizens Party in the Racial Milieu of South Carolina (with David Gillespie, 2003), Presbyterian College Honors Research
Mitchell is attending the LL.M. Program part-time in residence while he continues work for the Bumpers College.

Kelvin Stroud
Legislative Assistant, U.S. Senator Mark Pryor
Carnegie Endowment for International Peace, Global Policy Fellowship focusing on U.S. Russian agricultural trade issues
Partnership for Secure America, Congressional Fellowship
Scholar, Congressional Research Service Legislative Process Institute
J.D., University of Arkansas School of Law
            President, Student Bar Association
            President, Student Arkansas Trial Lawyers
Clerking and internship experience includes work for the Arkansas Municipal League and for Senator Mark Pryor, Congresswoman Marcy Kaptur, and Congressman Vic Snyder
B.S.B.A. Dual Degrees, University of Arkansas (Finance and Accounting)
Prior experience includes serving as Legislative Assistant for Tyson Foods and Legislative Counsel for the U.S. Senate Agriculture, Nutrition, and Forestry Committee; Founder, proprietor and Of Counsel, Inc.
Kelvin is attending the LL.M. Program part-time and participating this semester via LifeSize videoconferencing while he continues his work for Senator Pryor in Washington, D.C.

Sonia Sylls
J.D., University of Arkansas School of Law
Member, Journal of Food Law & Policy
Externship and clerking experience includes: Corporate Counsel Extern (Realty Management) at Wal-Mart Stores, Inc., Bentonville, AR; Judicial Extern, Honorable John R. Scott, Benton County Circuit Court, Bentonville, AR; Summer Associate clerkships with Davis, Clark, Butt, Carithers & Taylor, PLC (Fayetteville, AR); and with Cross, Gunter, Witherspoon & Galchus, P.C. (Little Rock, AR)
B.A., University of California at Los Angeles (Political Science, Spanish Language minor)
Previous business experience includes:
Marketing and Account Specialist, Triad Retail Media, Rogers, AR;
Business Sales Division Marketing and Sales Coordinator, Tiffany & Co., San Francisco, CA; Real Estate Marketing Coordinator, Sotheby’s International Realty, Los Angeles, CA

Wesley Ward
Member of the Marine Corps Reserve and an Officer with the 3rd Civil Affairs Group in Great Lakes, Illinois
Former Battalion Judge Advocate, United States Marine Corps
Former Field Coordinator for U.S. Congressman Rick Crawford (AR-01)
J.D., University of Arkansas School of Law
Trial Competition Finalist; National Trial Competition Team Member
Clerking and externship experience includes externship with Circuit Court Judge Mary Ann Gunn and clerkship at the Washington County Prosecutor’s Office
U.S. Marine Corps Education
Specialized training includes Marine Corps Recruit Training, Marine Combat Training, Administrative Clerk Course, Senior Administrative Clerk Course, Sergeant’s Distance Education Program, Marine Corps Officer Candidate School (Honor Graduate), The Basic School (Honor Graduate), Naval Justice School, Expeditionary Warfare School
B.S., Arkansas State University Magna Cum Laude (Agricultural Business)
A.S., Park University (Management)
Additional legal experience in the U.S. Marine Corps includes:
Operational Law Attorney (detainee cases)
Special Assistant U.S. Attorney, Federal Magistrate Court
Civil Law Attorney, Tort Claims Office for Marine Corps Base, Camp Pendleton
Assistant Trial Counsel, Special Court Martial cases
Wes is enrolled as a Joint Degree candidate, working toward both an LL.M. and a Masters in Agricultural Economics. He is teaching Upper Level Legal Writing in the J.D. Program this year.