Alison Peck
Associate Professor of Law (2009)
EDUCATION
Yale Law School, J.D. 1995
- Yale Law Journal, 1993-95, Notes Editor 1994-95
University of Arkansas, LL.M. in Agricultural Law, 2008
Butler University, B.A. in Journalism, Spanish & French 1992
- Summa cum laude, 4.0 GPA
- Presidential Scholar (4-year full-tuition scholarship)
- Outstanding Graduate in Journalism
- Outstanding Graduate in Modern Foreign Languages
TEACHING EXPERIENCE
West Virginia University College of Law, Morgantown, WV. 2009-
Associate Professor of Law
University of Arkansas School of Law, Fayetteville, AR. 2008-09
Adjunct Professor of Law. Course taught:
- Fall 2008: International Environmental Law (J.D. program)
- Spring 2009: Sustainable Agriculture (LL.M. program in Agricultural Law)
PUBLICATIONS
Revisiting the Tea Party: The History of Regulating Food Consumption in America, 80 UMKC LAW REVIEW 1 (2011)
In contemporary political rhetoric about regulations that affect consumer food choice, opponents to such measures often evoke founding principles of U.S. democracy, the founding fathers, and events such as the Boston Tea Party. The article reviews the history of the the Revolutionary non-consumption agreements and argues that their impetus was something akin to modern concerns: The colonists’ conspicuous consumption during the prosperous Seven Years’ War had prompted Britain to believe that the colonies could afford higher taxes to pay the British war debt. In response, colonists began publicly urging each other to change their private consumption choices in order to alleviate the shared social costs of this behavior. The article argues that the “Associators” and early Federalists had at least as much, if not more, in common with contemporary advocates of food-consumption regulation as with the small-government Tea Party opposition.
Levelling the Playing Field in GMO Risk Assessment: Importers, Exporters, and the Limits of Science, 28 BOSTON UNIV. INT’L L.J. (2010)
Although exporters and importers of biotechnology products (GMOs) both assess the risks of proposed products, international trade challenges in the WTO typically examine only the risk assessments of GMO-importing countries. The article argues that international trade law should include scrutiny of risk assessments of GMO-exporting nations as well as GMO-importing nations. Such scrutiny would allow GMO-importing countries to defend distinct but context-appropriate judgments as equally supported by scientific evidence.
Toward an Advocacy Strategy for GMO Accountability, 21 GEO. INT’L ENVTL. L. REV. 37 (2008)
Argues that GMO contamination across national borders may be more effectively challenged as a harm to political rights, based on the right of self-determination enshrined in the International Covenant on Civil and Political Rights, rather than the conventional challenges framed as a harm to environmental or human health rights, as to which the harm is generally speculative, or economic rights, which can be dismissed through mandatory tolerance levels that do not respect polity preferences.
Standing for Protection of Collective Rights in the European Communities, 32 GEO. WASH. J. INT’L L. & ECON. 367 (2000)
The 1992 revisions to the EU Treaty added environmental protection to the jurisdiction of the EU and recognized certain collective environmental rights. This change gave rise to concerns about the scope of standing, which had previously been limited to those with direct economic injuries under the common markets rules of the EC. The article argues that standing for collective rights does not require a materially different type of judicial discretion than the traditional economic standing cases: in both types of standing, judges must make distinctions in degree, not just in kind, between applicants claiming injury.
OTHER PUBLICATIONS AND PRESENTATIONS
American Association of Law Schools, Agricultural Law Section, Presentation: “Update on USDA Regulation of Biotechnology: 2011” (Jan. 7, 2012)
Presented update on major events and trends in USDA biotechnology regulation since U.S. Supreme Court’s 2010 decision in Monsanto v. Geertson Seed Farms
West Virginia Farm to Schools Conference, Morgantown, WV, Presentation: “Giving Geographic Preference for Local Foods” (Sep. 27, 2011)
Presented guidelines for applying USDA regulations on local food preferences to audience of school food service directors, farmers, and community organizers
Ohio Legal Scholars Workshop, Columbus, OH, “Revisiting the Tea Party: The History of Regulating Food Consumption in America” (Feb. 5, 2011)
Presented work-in-progress to workshop of legal scholars from Ohio and West Virginia.
Chicago Public Radio, Worldview: “Food Mondays: Monsanto v. Geertson Seed Farms” (May 24, 2010)
Guest on syndicated radio program; commented on significance of pending Supreme Court case concerning agricultural biotechnology for U.S. industry and international trade.
Faegre & Benson, Food, Agriculture and Biofuels Conference, Minneapolis, MN: “Agricultural Production to Food Consumption: Meeting the Challenges for Sustainable Success” (July 28, 2010)
Spoke to conference for agriculture and biofuels industry representatives about significance of Supreme Court’s decision in Monsanto v. Geertson Seed Farms
Nation-Specific Risk Tolerance in the WTO: US-Continued Suspension of Obligations in the EC-Hormones Dispute, Nat’l Agric. Law Center (July 2009)
http://nationalaglawcenter.org/assets/articles/peck_risktolerance.pdf
Reviews latest decision of WTO Appellate Body in protracted case involving European Communities’ health-based trade restrictions on beef treated with certain hormones. Discusses key rulings regarding scientific standards for risk assessments pursuant to the Agreement on the Application of Sanitary and Phytosanitary Measures.
Plant Biotechnology Law After Geertson Seed Farms: Potential Impacts On Regulation, Liability, And Coexistence Measures, Nat’l Agric. Law Center (September 2008), http://www.nationalaglawcenter.org/assets/articles/peck_aftergeertson.pdf
Discusses potential impact on coexistence, liability, and regulation of genetically-modified plants after recent federal court decision that required USDA to consider potential contamination and loss of non-GM markets as environmental effects mandating review of agency actions under NEPA.
Summary of the WTO Interim Report in EC-Biotech, Nat’l Agric. Law Center, Sep. 19, 2006, http://www.nationalaglawcenter.org/assets/articles/peck_wtobiotech.pdf
Reviews WTO decision that EC ban on imports of genetically-modified products violated WTO treaty provisions. Analyzes scope and limits of decision and potential impact on future efforts to limit biotech imports.
State Regulation of Production Contracts, Nat’l Agric. Law Center, May 25, 2006, http://www.nationalaglawcenter.org/assets/articles/peck_contractregulation.pdf
Collects and analyzes states laws governing provisions in contracts for production of agricultural goods between corporations and farmers, including rights of association, payment terms, and termination provisions.
Global Constitutionalism, Religion and Executive Power, Global Constitutionalism Project at Yale Law School, 1997 (editor, with Paul Gewirtz)
Collects and edits comparative materials from constitutional courts and commentators around the world on issues relating to religion (state support; free exercise; accommodation/speech/interpretation) and executive power (deference of judiciary in foreign affairs; the pardon power and independent prosecutors; privileges/immunities/secrets). Materials were used as basis for seminar in comparative constitutional law for constitutional court judges.
JUDICIAL CLERKSHIPS
U.S. Court of Appeals for the Second Circuit, Hartford, CT. 1995-96
Law Clerk to Chief Judge Jon O. Newman
Court of Justice for the European Communities, Luxembourg 1999
Law Clerk to the late Judge G. Federico Mancini
OTHER PROFESSIONAL EXPERIENCE
National Agricultural Law Center, Fayetteville, AR. 2008
Consultant
Developing topics, researching and writing publications for agricultural law information center website. Topics include sustainability initiatives in dairy industry, plant biotechnology law updates, and state production contract legislation.
Boies, Schiller & Flexner LLP, Washington D.C. 1999-2005
Associate, International Arbitration and Litigation
Represented clients through all stages of national and international arbitral proceedings, including UNCITRAL, ICC, and AAA. Represented clients in complex commercial litigation, including class actions.
Baker & Daniels, LLP, Indianapolis, IN. 1997-98
Associate, Litigation.
Matters included railroad property law, employment discrimination, and commercial contracts.
Global Constitutionalism Project, Yale Law School, New Haven, CT. 1996-97
Assistant Director and Senior Research Fellow.
Conducted research and prepared course materials for annual seminar of supreme and constitutional court judges from around the world. Observed and provided research support for judges at seminars.
BAR ADMISSIONS
Indiana, Washington D.C.