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Kool, Amanda

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Kool

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Kool, Amanda

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2010 - 20132

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Author's Publications: search.filters.isAuthorOfPublication.50968c65-cc36-4911-8129-9a02a71e20fc

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    Using Cross-practice Collaboration to Meet the Evolving Legal Needs of Local Food Entrepreneurs
    (American Bar Association, 2013) Broad Leib, Emily; Kool, Amanda
    This article begins by highlighting several of the legal barriers commonly faced by local food businesses. The article then demonstrates that policy lawyers and transactional lawyers can effectively collaborate to improve the food system by providing synergistic feedback that informs each other’s practices, thereby improving service for food-related clients and enhancing the legal environment for future local food entrepreneurs. The article describes the methods that two clinics at Harvard Law School—the Food Law and Policy Clinic and the Community Enterprise Project of the Transactional Law Clinics—have used to provide comprehensive assistance to food truck entrepreneurs in support of a more robust local food system in Boston. The article concludes with examples of additional ways in which a cross-practice, cyclical model of client service can be applied by different legal teams to better serve food entrepreneurs and improve the success of local and alternative food systems. Although this article details a particular model of cross-practice work, it aims to encourage proliferation of this model through tailored, cross-practice collaboration among lawyers operating in a variety of settings to address a range of local food industry issues, or those issues inherent in other emerging industries.
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    Halting Pig in the Parlor Patents: Nuisance Law as a Tool to Redress Crop Contamination
    (American Bar Association, 2010) Kool, Amanda
    The legal discourse regarding the problem of crop contamination caused by stray genetically modified (GM) traits generally centers around two remedies: the reduction in patent protection afforded to subsequent generations of patented seed, and the use of common law to protect the property rights of the farmer whose crops have been contaminated. This article supports the latter approach, specifically advocating for a private nuisance suit by the owner of the contaminated crop against the owner of the patented traits. The author argues that the former approach is not only unlikely to succeed, but may also prove detrimental to those farmers who find themselves growing patented crops they do not want. The author contends that a private nuisance suit is the most appropriate of all the applicable tort law remedies because it allows the court to balance the interests of the farmer, the patent owner, and society as a whole, thereby fashioning a remedy that fits the distinct characteristics of the case at hand. Furthermore, the author argues that existing case law supports a private nuisance claim brought by a model plaintiff against a seed patent owner. The author then builds the model plaintiff’s case, using existing case law to guide the discussion.