Food Law Gone Wild: The Law of Foraging

By Linnekin, Baylen J. | Fordham Urban Law Journal, May 2018 | Go to article overview

Food Law Gone Wild: The Law of Foraging


Linnekin, Baylen J., Fordham Urban Law Journal


I tend to believe that most laws limiting foraging manifest a conscious or unconscious racial or class bias, although not everyone agrees with me.                                              --Professor Karl Jacoby (1)  TABLE OF CONTENTS  Introduction                                                     996   I. Foraging in America Today                                   999        A. What Is (and Isn't) Foraging?                          999        B. Foraging Is a Growing Trend in America                1000        C. Who Forages in America?                               1002        D. Why Americans Forage                                  1005  II. Foraging in Pre-Modern America: From Practice      to Prohibition                                             1008        A. Foraging from Pre-Colonial to Early-Modern America    1008        B. Development and Spread of American Anti-Foraging           Law                                                   1010           1. Anti-Foraging Laws Targeting Native Americans      1011           2. Anti-Foraging Laws Targeting African Americans     1011           3. Anti-Foraging Laws Targeting Rural Americans       1013 III. Modern American Foraging Regulations                       1014        A. Urban Foraging Laws                                   1015        B. State Foraging Laws                                   1019        C. Federal Foraging Laws                                 1022           1. Federal Foraging Regulations                       1022           2. Data on Foraging Rules in NPS National Parks       1028  IV. Toward an Ideal Foraging Law                               1030        A. Legalize All Foraging in All National Park Service           Units                                                 1031        B. End the "Museumification" of City Parks               1033        C. Eliminate Discouraging and Confusing Rules            1034        D. Recognize that Foragers Are Conservationists          1035        E. Lightly Regulate Foragers                             1037 Conclusion                                                      1039  APPENDICES  Appendix A. National Park Service Policies Pertaining to   Foraging Edible Foods in Our Nation's Fifty-Nine   National Parks                                                1040 Appendix B. National Park Service's Enumerated List of Wild   Foods Open to Foraging in Our Nation's Fifty-Nine   National Parks                                                1050 

INTRODUCTION

Foraging is the act of searching for and harvesting wild foods for sustenance. (2) Humans began and evolved as hunter-gatherers. (3) For nearly all of our species' history, foraging--the practices of the "gatherer" in "hunter-gatherer"--was a necessary activity that sustained mankind as we spread across the globe. With the rise of agriculture and, much later, commercial food production--particularly in developed countries such as the United States--the necessity of foraging has waned. Today's humans subsist on a startlingly small percentage of the edible plants available to them. And, save for a dwindling number of societies across the globe, mankind no longer subsists on hunting and gathering alone, or even chiefly. (5)

Yet it would be grossly inaccurate to suggest that foraging as a human practice ever left us. I have eaten blackberries and mushrooms I harvested in state and local parks; rose hips, pawpaws, and blueberries I gathered in national parks; and apples, figs, cherries, pears, and chives I picked while strolling city streets. As a forager, I'm an amateur. True foragers--those who regularly and actively seek out food to gather and eat, and who can recognize a broad variety of wild foods beyond those that resemble typical fruits and vegetables sold in a grocer's produce section--are legion. And those legions are growing, as scholarly and mainstream articles make clear.

Today, though, laws at all levels of government in America increasingly target foragers. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Food Law Gone Wild: The Law of Foraging
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.