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Wednesday, April 25, 2012

The Two Percent Solution

Readers of the recent Hettinga decision, or of Jim Chen's work, will already know the key role that dairy plays in our system of constitutional law. (Perhaps because, as Jerome Frank once observed, it's all about what judges drank for breakfast.) They may particularly enjoy this article in this week's New Yorker (subscription required, alas, but the link contains a synopsis). It's about the raw food movement, particularly the raw milk movement, and its travails. It contains more than enough fodder (so to speak) for any con law professor looking desperately for a question for this year's con law final: interstate commerce, weak substantive due process claims, great nickames ("the Rawsome Three," "the Dairy Fairy"), and more. 

It also, if I may be forgiven for saying so, is a wonderfully American story, right up there with Fitzgerald in capturing so many distinctive American qualities and narratives: (over)zealous regulators, hippies, libertarians, libertarian hippies, celebrities, automobiles, nostalgia for an imagined past, (0ver)zealous parenting, cultishness, the Tea Party, the vaguely narcissistic quest for endless life and health and the belief that it can be purchased, junk science, wealth and its disparities, California, and not least the marvelous way in which any lifestyle decision can become a community, an Internet phenomenon, a big business, and an occasion for apocalyptic speeches about liberty and fascism. I generally don't care for overpraising of the New Yorker, and the story is more fun, because of its details, than great. But this one is well worth reading.    

Posted by Paul Horwitz on April 25, 2012 at 09:27 AM in Paul Horwitz | Permalink


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Thanks for the shout-out, Paul. Much appreciated.

Posted by: Jim Chen | Apr 25, 2012 10:06:28 PM

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