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Full-Text Articles in Law

Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe Jul 2021

Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe

Journal of Food Law & Policy

Why is the relationship between our food system and federalism important to American law and health? It is important simply because federal law controls the American food system. This essay considers how federal law came to structure our food system, and suggests that though food is an essential part of our national economy, the dominating role of the federal government alienates citizens from their food system. It does so by characterizing food as a primarily economic issue, rather than one that has ethical, health, and cultural components. However, state and local governments have much to offer in terms of broadening …


Under-Regulation In The State Prison Food System: Consequences And A Proposal For Change, Michael D. Mckirgan Jun 2021

Under-Regulation In The State Prison Food System: Consequences And A Proposal For Change, Michael D. Mckirgan

Journal of Food Law & Policy

While federal and state government regulations have become commonplace in almost every conceivable facet of the modem American lifestyle, the prison food system has inconspicuously remained underregulated despite the progress made by the prisoners' rights movement in other areas. Legislatures in most states generally leave prison food regulation to the sole discretion of prison administrators, resulting in a "laissez-faire approach" in the prison food system; an anachronism in contemporary America. Some states' prison systems do in fact self regulate to an adequate degree despite this under-regulation, while others participate in voluntary, nongovernmental prison accreditation programs. However, many states and localities …


Mcculloch And The American Regime, Mark A. Graber Sep 2020

Mcculloch And The American Regime, Mark A. Graber

Arkansas Law Review

Professor David S. Schwartz’s magnificent The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland explicitly challenges how we teach government powers in first weeks or semester of constitutional law and implicitly challenges how we teach civil rights and liberties in later weeks or second semester of constitutional law. Contrary to the impression given in many classes on the constitutional law of national powers, no straight line exists from the Marshall opinion in McCulloch v. Maryland to the New Deal and beyond. Schwartz meticulously details how, for two-hundred years, different aspects of McCulloch have been …


Marshalling Mcculloch, Richard Primus Sep 2020

Marshalling Mcculloch, Richard Primus

Arkansas Law Review

David Schwartz’s terrific new book is subtitled John Marshall and the 200-Year Odyssey of McCulloch v. Maryland. But the book is about much more than Marshall and McCulloch. It’s bout the long struggle over the scope of national power. Marshall and McCulloch are characters in the story, but the story isn’t centrally about them. Indeed, an important part of Schwartz’s narrative is that McCulloch has mattered relatively little in that struggle, except as a protean symbol.


Mcculloch's "Perpetually Arising" Questions, David S. Schwartz Sep 2020

Mcculloch's "Perpetually Arising" Questions, David S. Schwartz

Arkansas Law Review

I’m truly honored to have my book be the subject of a symposium on Balkinization, and I’m deeply grateful to Jack Balkin and John Mikhail for organizing and hosting it. Among its many gratifications for me personally, the symposium guaranteed that at least eight people would read the book. That these readers have engaged with it so closely and insightfully is icing on the cake. My first article on McCulloch four years ago, which became the basis for a couple of the early chapters in the book, insisted that McCulloch was properly interpreted as far less nationalistic than we were …