Washington Law Review


This Comment proposes and evaluates two amendments to the legislation governing the emergency reserve that would help insulate the reserve from the market. Insulation can be accomplished by creating and protecting certain contract rights of the farmer/vendor against the United States government. The farmer could enforce those rights if the government released the reserve for purposes other than urgent humanitarian food aid. The Appendix contains proposed legislation which creates and protects such remedies. These proposals should contribute positively to public policy debate over methods of ensuring world food security. However, this Comment considers only the legal viability, not the political ramifications, of the remedies. Although this Comment concludes that it is possible to create a legal scheme to effectively insulate the reserve, and recommends one proposal over the other, policy judgments are left to those in a better position to make them.

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