Who’s Governing Privacy?
Regulation and Protection in a Digital Era
A Privacy Law Symposium Hosted by the Maine Law Review Friday, February 21, 2014, 1:00pm-5:30pm Registration 12:30pm-1:00pm / Reception 5:30pm-6:30pm PROGRAM OF EVENTS Please note that, due to high demand, we have moved the symposium to Talbot Lecture Hall, Luther Bonney Hall, 85 Bedford Street, Portland, Maine
The Glass House Effect: Big Data, the New Oil, and the Power of Analogy • Dennis Hirsch, Geraldine W. Howell Prof. of L., Capital University Law School • Exploring whether environmental law’s response to oil spills can be used analogously as privacy law learns to respond to data breaches.
Local Law Enforcement Jumps on the Big Data Bandwagon: Automated License Plate Recognition Systems, Information Privacy, and Access to Government Information • Bryce Clayton Newell, Ph.D. Candidate, The Information School, University of Washington; J.D. University of California, Davis School of Law • Providing results of a large empirical study on automated license plate recognition (ALPR) systems, and examining popular legal responses for protecting privacy in light to access through state disclosure laws.
Privacy Law’s Precautionary Principle Problem • Adam Thierer, Senior Research Fellow, Technology Policy Program, Mercatus Center at George Mason University • Examining “bottom-up solutions” for dealing with privacy concerns raised by Big Data, social media, and youth Internet access.
Some Realism about Technical Solutions to Transnational Surveillance • Ira Rubinstein, Senior Fellow, and Joris van Hoboken, Microsoft Research Fellow, Information Law Institute, NYU School of Law • Analyzing enhanced protections for addressing transnational surveillance risks in the context of cloud computing.
Bad Samaritanism, the Entirely Predictable Effect of Section 230 ISP Immunity • Ann Bartow, Prof. of L., Pace Law School• Suggesting that the profitability of online bullying, stalking, and harassment may be reduced by increasing the possible avenues of ISP liability through a reevaluation of Section 230 immunity.
The Promise and Shortcomings of Privacy Multistakeholder Policymaking: A Case Study • J. Trevor Hughes, President & CEO, and Omer Tene, V.P. of Research and Education, International Association of Privacy Professionals (IAPP) • Discussing the success and failures of multi-stakeholder self-regulatory efforts that provide the foundation for current U.S. privacy law.
Structural Limits on Government Access to Personal Data: A Post-Snowden Multi-National Comparison • Christopher Wolf, Dir., Privacy and Information Management Practice Group, Hogan Lovells, Washington, D.C. • Comparing governmental access to data in ‘the cloud’ in the United States to that in other countries, and the extent of protections afforded by the law.
Members of the Maine Bar May Register to Receive 3.92 CLEs Sponsors Include:
Tyler J. Buller
Shailini Jandial George
Leah McGowan Kelly
David M. Faherty
Of Asthma and Ashtrays: Examining the Rights of and Exploring Ways to Protect Maine Tenants Living in Multi-Unit Rental Housing Who are Involuntarily Exposed to Secondhand Tobacco Smoke in Their Homes
Amy K. Olfene
Fuhrmann v. Staples Office Superstore East, Inc.: A Split in the Law Court as to the Definition of “Employer” Demonstrates the Need for Legislative Action to Amend the Maine Human Rights Act in Order to Protect Maine Employees
Stephen B. Segal[Top]
On behalf of the Executive Board, we would like to welcome the new members of the Maine Law Review, Volume 66:
The Editorial Board and Staff of the Maine Law Review, Volume 66
|Editorial TeamExecutive Editor: Rachel White*
Symposium Editor: Sara Murphy*
Articles Editors: Kevin Decker, David Faherty, Stephen Segal
Managing Editor: Adam Quinlan*
Production Editor: Anna Polko
Technical Editor: Meghan Myers
Research Editors: Emily Gaewsky, Ashley Janotta
Head CN/C Editor: Ryan Almy*
CN/C Editors: Christopher Harmon, Elizabeth Valentine
* Executive Board Members
|Maine Law Review Staff
Professors Dave Owen and Dmitry Bam
The Maine Law Review invites you to participate in its 2014 Privacy Law Colloquium. The Colloquium presents an opportunity for discussion and debate about the current privacy laws in Maine, the United States, and beyond. To complement the Colloquium, the spring volume of the Review will be devoted to high-quality legal scholarship focusing on a contemporary issues in privacy law, specifically those which concern the intersection of privacy and the constitution, the ever-evolving technological landscape, and challenges to civil liberty.
The Maine Law Review seeks submissions of papers for oral presentation at the Colloquium and for publication in its Spring 2014 volume. We invite contributions in the form of articles or essays primarily focusing on: big data and concerns for civil liberties; government surveillance and Fourth Amendment protections; and issues involving Free Speech and First Amendment protections within the privacy context. Paper submissions should range from 10,000 to 35,000 words in length (including footnotes).
Draft papers and queries may be addressed to Sara Murphy, Symposium Editor, at firstname.lastname@example.org, no later than September 20, 2013. Please include “Privacy Colloquium” in the subject line. Submissions should include an abstract, curriculum vitae, and indication of your willingness and availability to travel to Portland, Maine, to participate in the Colloquium on Friday, February 21, 2014.[Top]
Maine Law Review
Volume 65, No. 2 (2013)
→ Symposium: Law, Religion, and Lautsi v. Italy
→ Case Notes
Colloquium: Local Food || Global Food:
Do We Have What It Takes to Reinvent the U.S. Food System?
Zoning and Land Use Controls: Beyond Agriculture
Lisa M. Feldstein
The Renewable Fuel Standard: Food Versus Fuel?
Brent J. Hartman
The New England Food System in 2060: Envisioning Tomorrow’s Policy Through Today’s Assessments
Margaret Sova McCabe and Joanne Burke
A National “Natural” Standard for Food Labeling
Nicole E. Negowetti
When Fox and Hound Legislate the Hen House: A Nixon-in-China Moment for National Egg-Laying Standards?
Lucinda Valero and Will Rhee
Liberty of Palate
Samuel R. Wiseman
Symposium: Law, Religion, and Lautsi v. Italy
Malick W. Ghachem
The Lautsi Decision As Seen from (Christian) Europe
The Law Court’s Proper Application of Miranda in State v. Bragg: A “Matter-of-Fact Communication” to the Defendant Regarding Evidence Against Him Will Not Typically Constitute “Interrogation”
Stephen B. Segal
Do front-yard gardens and backyard chicken coops, as leading symbols of our thriving food movement, deserve First Amendment protection, much as black armbands did during the Vietnam War? Does a focus on “food miles” distract from the urgent need to reduce the greenhouse gases agriculture emits as we strive to feed a world population of 9 billion by 2050? Should the government mandate vegetable consumption — just as New York City and others have enacted bans on Big Gulps and trans fats?
The 2013 Food Law & Policy Conference, “Local Food || Global Food: Do We Have What It Takes To Reinvent the U.S. Food System?,” was hosted by the Maine Law Review this past Saturday, February 23rd. The event drew roughly a hundred attendees comprised of attorneys, law students, farmers, advocates, and interested citizens from Maine and beyond.
The conference brought together a diverse mix of topics and voices. Fifteen legal scholars from all over the country—New Hampshire, Vermont, Connecticut, Ohio, Nevada, Indiana, Idaho, Arkansas, Florida, California, and Oregon—tackled a spectrum of food issues. Among the topics covered: obesity prevention, global fisheries subsidies, farmland succession models, right to know issues, food sovereignty movements, and more. Even the First Amendment right to free speech was a point of discussion.
The wide range of emerging issues in food law and policy were loosely organized around three broad themes:
(1) The problems with the current federal approach to food regulation, especially to consumer safety;
(2) The legality of so-called food sovereignty and food choice movements; and
(3) How governments should respond to important emerging food trends.
A delicious, locally-sourced lunch was provided by Rosemont Market & Bakery, spotlighting ingredients from Maine farms and producers, including Fishbowl Farm, Sunset Acres Farm, Nature’s Circle Farm, Belanger & Sons, Freedom Farm, Sunset Farms, Rave’s Mustard, Kate’s Butter, Maine Grains, and VitaminSea Seaweed.
To emphasize the unmet need of access to healthful food in our own community, the conference spotlighted Cultivating Community, a nonprofit in Portland, Maine, that establishes urban and school gardens to implement its three-part mission of hunger prevention, youth and community development, and environmental modeling. Donations from sponsors and attendees collected during the conference will be passed on to Cultivating Community.
In many respects, the conference was a continuation of a conversation that people in Maine have carried on for many years—in academia, in the legislature, in town halls, and, of course, around the dining room table:
Where are we headed—as a state, as a region, and as a nation—when it comes to the production, processing, distribution, and consumption of food? Is this where we want to go? And do we have the right tools in the law and policy toolbox to get us there?
The conference reinforced that Maine is a place where people challenge conventional thinking, and test out new approaches—both outside and inside of the courthouse—with respect to food law, policy, and culture.
It also highlighted that, while many legal and policy challenges face Maine farmers and fishermen and there exists room for much improvement in the state’s food system, Maine is nonetheless well-positioned to be a national leader in developing a food system founded on locally grown and sustainably produced food, both from the land and from the sea.
The spring volume of the Maine Law Review, to be published in mid-May, will include academic essays on the food topics discussed during the conference.
Photo Credits: Tomasz Borkowski
The 2013 Food Law Conference was made possible by the generous sponsorship of:
Rosemont Market & Bakery
Sourcing local, seasonal foods so you can eat consciously, slowly, pleasurably, and well.
Coffee By Design
Handcrafted micro roasted coffee.
East End Cupcakes
Better than the cupcakes you remember.
Steamy. Hot. Soup.
LiveME | Maine-Inspired Apparel & Accessories
Proudly proclaim your love for Maine and some of its most cherished activities.
Maine Farmland Trust
Pierce Atwood LLP
The Student Bar Association
University of Maine School of Law
Local Food || Global Food:
Do We Have What It Takes to Reinvent the U.S. Food System?
Free and open to the public. Walk-ins welcome.
Saturday, February 23, 2013
Panel discussions run from 8:30 AM to 5:00 PM (come for all or one)
Location: Portland High School Auditorium (284 Cumberland Ave., Portland, Maine)
Join the Maine Law Review for a lively food law and policy discussion on Saturday, February 23, 2013, 8:30 AM to 5:00 PM in the Portland High School auditorium (284 Cumberland Avenue, Portland, Maine). This event will bring together more than a dozen legal scholars from around the country to debate the future of the U.S. food system, including:
(1) The problems with the federal approach to food regulation, and proposed fixes;
(2) The challenges facing food sovereignty and food choice movements; and
(3) Emerging food trends, and how governments should respond.
The day-long event is free and open to the public. Walk-ins are welcome.
Maine Law Review
Volume 65, No. 1 (2012)
CONSTITUTION DAY LECTURE: AMERICAN CONSTITUTIONALISM, ALMOST (BUT NOT QUITE) VERSION 2.0
Richard H. Fallon, Jr.
MEDIATION AND INTERNATIONAL INVESTMENT: A CHINESE PERSPECTIVE
WANG Guiguo and HE Xiaoli
STATE V. MCPARTLAND: APPLYING THE REASONABLE ARTICULABLE SUSPICION STANDARD TO SECONDARY SCREENING REFERRALS AT SOBRIETY CHECKPOINTS IN MAINE AND THE PROPER ROLE OF THE LAW COURT IN REVIEWING A TRIAL COURT’S APPLICATION OF THIS STANDARD
Holly L. Doherty
Mark your calendar! On February 23, 2013, the Maine Law Review will host its 2013 Food Law Colloquium—a chance to hear scholars, policymakers, farmers, and community members discuss and debate the challenges confronting food initiatives in an era of globalized food production. Topics will include:
- New Legal Institutions of Farmland Succession: Implications for Sustainable Food Systems · Jamie Baxter (L.L.M., Yale L. Sch.)
An examination of farmland tenure arrangements available to new farmers using the province of Ontario, Canada as a case study, and suggestions for legal reform.
- The Food-Energy-Climate Nexus: Think Globally, Act Globally · Bret Birdsong (Prof. L., William S. Boyd Sch. L., UNLV)
A critique of agricultural greenhouse gas mitigation strategies, and a case for reducing the food system’s contributions to climate change by preventing conversion of land to agricultural production abroad.
- The Symbolic Garden: Urban Homesteading as Protected Expression · Jaime Bouvier (Sr. Instr. L., Case W. Reserve U. Sch. L.)
An exploration of the feasibility of challenging local laws restricting urban agricultural practices by characterizing such practices as protected expressive speech.
- The New England Food System in 2060: How Does Today’s Discussion Translate to Future Action? · Joanne Burke (Clinical Assoc. Prof., U. NH Sustainability Inst. & College Life Sci. & Ag.) & Margaret Sova McCabe (Prof. L., U. NH Sch. L.)
An interdisciplinary analysis of key policy challenges facing states’ efforts to create self-sufficient regional food systems, including how federal commerce and compact clauses influence the scope of localized food policy.
- Obesity Prevention Policies at the Local Level: What Tobacco Can Teach Us · Paul Diller (Assoc. Prof. L., Willamette U. College L.)
A consideration of the legal challenges facing local obesity prevention measures through the historical lens of tobacco regulation.
- Zoning and Land Use Controls: Beyond Agriculture · Lisa Feldstein (Ph.D. candidate, U. California, Berkley; J.D., Boalt Sch. L.)
An assessment of the impacts of zoning and other land use management tools on the availability (or lack thereof) of food in urban communities.
- Food Safety in the Monsanto Era: Examining the Regulatory Framework of IP Inventions in Genetically Modified Bio-Pesticides · Saby Ghoshray (Founder, Inst. Interdisciplinary Studies; Ph.D., Fla. Int’l U.)
An examination of federal food safety regulation of bio-pesticides, and a proposal for a multi-dimensional framework that addresses both IP ownership and food safety concerns.
- The Local Food Sovereignty Narrative · Jason Jones (Asst. Prof. L., Charlotte Sch. L.)
An exploration of the narrative of food sovereignty laws, and whether communities can use such laws to construct a legal system reflecting their social and economic norms.
- A National “Natural” Standard for Food Labeling · Nicole Negowetti (Asst. Prof. L., Valparaiso U. Sch. L)
A critique of the policy reasons behind federal agency decisions to not regulate “natural” claims, and a proposal for an enforceable federal “natural” food standard.
- Whatever Happened to the “Frankenfish”? The FDA’s Foot-Dragging on Transgenic Salmon · Lars Noah (Prof. L., U. Fla. College L.)
An evaluation of the legal issues surrounding the regulation of transgenic animal food products using AquaBounty as a case study.
- Fishing Outside of the Subsidy Chain: Eliminating Resource-Depleting Fishing Subsidies Through Unilateral Trade Measures · Anastasia Telesetsky (Assoc. Prof. L., U. Idaho College L.)
An examination of the resource-depleting effects of global marine fishery subsidies, and a proposal for unilateral trade action by states as a means to restore fish stocks.
- When Fox and Dog Legislate the Hen House: National Egg-Laying Standards, Interest-Convergence, and the Clucking Theorem · Lucinda Valero (Head Tech. Svces., W. Va. U. College L.) & William Rhee (Assoc. Prof., W. Va. U. College L.)
An evaluation of public discourse over food law, using the Egg Products Inspection Act Amendments of 2012 as a case study and considering interest-convergence (humans protect animal welfare only when economic interests and animal welfare converge) and the clucking theorem (humans needlessly inflate process costs of legal change).
- The Humane Methods of Slaughter Act is Unconstitutional, and That’s Not a Bad Thing · Pamela Vesilind (Instructor, Vt. L. Sch.; Adj. Prof., U. Ark. Sch. L.)
A case for challenging the federal humane slaughter law as an unconstitutional exercise of congressional power, and a proposal that such regulations are best left with the states.
- A Hungry Industry on Rolling Regulations: A Look at Food Truck Regulations in Cities Across the United States · Crystal Williams (Barnes & Thornburg, LLP, Indianapolis, IN)
A survey of city rules governing mobile food trucks, highlighting various efforts at balancing new food industry markets with food and traffic safety concerns.
- How Reliance on the Private Enforcement of Public Regulatory Programs Undermines Food Safety in the United States: The Case of Needled Meat · Diana R. H. Winters (Assoc. Prof., I.U. Robert H. McKinney Sch. L.)
A study of the failings of the federal scheme that grants private parties a right to sue agencies to force governmental responses to food safety threats, and the need for new statutory hammers to spur action.
- Broccoli, Milk, Soda, and the Future of Food Choice · Samuel Wiseman (Asst. Prof. L. , Fla. State U. College L.)
An exploration of whether there exists a fundamental right to choose one’s own food, and the challenges of forming a legislative coalition from divergent interests of constituencies opposed to local food bans.