Alleviating Food Insecurity via Cooperative By-laws

64 Pages Posted: 16 Oct 2018 Last revised: 7 Apr 2019

See all articles by Ariana R. Levinson

Ariana R. Levinson

University of Louisville - Louis D. Brandeis School of Law

Sue Eng Ly

University of Louisville - Louis D. Brandeis School of Law

Ryan Fenwick

University of Louisville - Louis D. Brandeis School of Law

Thomas E. Rutledge

Stoll Keenon Ogden PLLC

Andrew Klump

University of Louisville - Louis D. Brandeis School of Law

Date Written: October 2, 2018

Abstract

Across the country, communities are establishing food cooperatives, or community groceries, as part of the solution to combating rising income inequality and food deserts. This article explains the challenges of income and wealth inequality and food deserts and how a community grocery can help alleviate the problems. This article then addresses the issues raised when drafting by-laws for a consumer and worker-owned food cooperative under the Uniform Limited Cooperative Association Act (Act). This article describes the process community groups can use to draft by-laws and explains different ways of resolving the crucial issues raised. The crucial decisions to be made include: the name, purpose, and vision of the cooperative; the classes of members and the fee structure; the relationship of the members, the board, and the management of the cooperative; and the financial structure of the cooperative. This article is the first to address drafting a provision in by-laws that provides for neutrality toward worker-owners unionizing. This article is also the first to address drafting by-laws for a consumer and worker-owned food cooperative and provides a model that law schools can utilize to involve their students in public service supporting cooperatives.

Keywords: cooperatives, food insecurity, food desert, multi-stakeholder cooperative, by-laws, Uniform Limited Cooperative Association Act

Suggested Citation

Levinson, Ariana R. and Ly, Sue Eng and Fenwick, Ryan and Rutledge, Thomas E. and Klump, Andrew, Alleviating Food Insecurity via Cooperative By-laws (October 2, 2018). Georgetown Journal on Poverty Law Policy, Vol. 26, 2019, University of Louisville School of Law Legal Studies Research Paper Series No. 2019-04, Available at SSRN: https://ssrn.com/abstract=3258832

Ariana R. Levinson (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

Sue Eng Ly

University of Louisville - Louis D. Brandeis School of Law ( email )

Ryan Fenwick

University of Louisville - Louis D. Brandeis School of Law ( email )

Thomas E. Rutledge

Stoll Keenon Ogden PLLC ( email )

2000 PNC Plaza
500 West Jefferson Street
Louisville, KY 40202-2828
United States

HOME PAGE: http://skofirm.com

Andrew Klump

University of Louisville - Louis D. Brandeis School of Law ( email )

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