Published: Oct. 13, 2017
Alexia Brunet Marks

At the 12th annual Fall Convocation Awards and Presentations Celebrating Faculty Achievements on Oct. 6, 2017, the campus honored faculty receiving the Provost's Achievement Award and recognized faculty who were recently tenured or promoted. Associate Professor Alexia Brunet Marks was one of four pre-tenure recipients of the Provost’s Achievement Award for her article "A New Governance Recipe for Food Safety Regulation," which appeared in the Loyola University Chicago Law Journal. The abstract is below.

"Although food safety is a significant and increasing global health concern, international economic law does not adequately address today's global food safety needs. While most countries rely on a collection of formalized legal rules to protect food safety, these rules too often fall short. As fiscal constraints impede raising the number of border inspections, international commitments (treaties) frequently limit governmental efforts to raise food safety standards. Private companies, meanwhile, can readily adopt higher standards to meet consumer demands and supply chain needs, thus demonstrating more nimbleness and flexibility in adopting the highest food safety standards available. Can countries learn from private motivations in overseeing supply chains while staying true to their formal commitments?

This Article documents a novel legal concept – the growing use of private standards to ensure food safety – reinforced by recent legislation in the United States and elsewhere. While this ‘New Governance’ strategy allows countries to institutionalize the types of steps already taken by private actors, this model is not perfect and additional regulatory oversight and guidance will be necessary to ensure that a reformed New Governance works in this context. This Article confronts the motivations, tensions, and controversies that arise with implementing a New Governance model for food safety and provides a roadmap for achieving higher food safety goals."

Read the full article.

Brunet Marks’ research takes an empirical approach and centers on food law, international economic law, and civil litigation. She teaches Torts, Food Law & Policy, International Business Transactions, and International Trade Law Courses.

See the full list of faculty recognized at the Fall Convocation Awards and Presentations Celebrating Faculty Achievements.