Line 4Line 4 Copyic/close/grey600play_circle_outline - material

Professor Drew Kershen

Earl Sneed Centennial Professor of Law (Emeritus), University of Oklahoma, College of Law

Expert Bio

Professor Drew Kershen teaches courses on agricultural law, legal history, professional responsibility, and water rights at the University of Oklahoma, College of Law. In 1973, he was named a fellow in law and humanities at Harvard University. Kershen is coauthor of Farm Products Financing and Filing Service, written in 1990 with J. Thomas Hardin. Kershen is a member of the Oklahoma Water Law Advisory Commission and the Order of the Coif; he is a past member of the Board of Directors and past president of the American Agricultural Law Association.

Studies, Articles and Answers

Filter by

Showing 4 out of 13 results

Answer

Q:

Answered By Professor Drew Kershen - Jul 18, 2013

A: You are likely referring to the “Farmer Assurance Provision” included in the 2013 federal government Appropriations bill that was passed in March 2013. The provision was put in place to minimize some of the potential effects of burdensome litigation that has been used in the past to work around the well-established regulatory process of the U.S. Department of Agriculture and put a significant economic burden on farmers. Ironically, this provision directly protects farmers, not seed companies – but you wouldn’t know it by how it has been renamed in the media and online by anti-GMO groups. H [...]

GMOs & Farmers GMOs Globally GMOs in Groceries

Answer

Q: Does a “patent” allow a private company to own the seeds created?

Answered By Professor Drew Kershen - Jul 25, 2013

A: The simple answer to the question is yes. But the simple answer does not adequately provide an explanation or an understanding of the question. To achieve an explanation and understanding, it is helpful to rephrase the question: Does “intellectual property” allow a private company to own the seed created? Beginning in the early 1900s, scientists began to understand the process of developing hybrid plants. Scientists learned to develop two inbred parent lines that, when crossed, produced hybrid vigo―most often meaning greatly increased yields. Using this scientific knowledge, Henry Wallace, of [...]

GMOs & Farmers How GMOs Are Made Pesticides

Answer

Q: What is the “Monsanto Protection Act”?

Answered By Professor Drew Kershen - Jul 26, 2013

A: You are likely referring to the Farmer Assurance Provision included in the 2013 federal government Appropriations bill that was passed in March 2013. The provision was put in place to minimize some of the potential effects of burdensome litigation that has been used in the past to work around the well-established regulatory process of the U.S. Department of Agriculture and put a significant economic burden on farmers. Ironically, this provision directly protects farmers, not seed companies―but you wouldn’t know it by how it has been renamed in the media and online by anti-GMO groups. Here is [...]

GMOs & Farmers GMOs Globally GMOs in Groceries

Answer

Q: Does it fits in a free market economy that seeds of major food crops can be patented and cause a monopoly situation?

Answered By Professor Drew Kershen - Sep 04, 2013

A: Whether patents, or other intellectual property (e.g. copyrights), that create a monopoly in the invented item fits within a free market economy is a debate in which political economists have been engaged for a long time.  The Founders of the United States engaged in this debate too with some opposed to allowing a monopoly in anything and others, on utilitarian grounds, supporting the creating of a monopoly through intellectual property rights.  Ultimately the Founders decided in favor of intellectual property rights and adopted into the United States Constitution the following prov [...]

How GMOs Are Made Modern Agriculture Pesticides