Academic

Chen on Wickard v. Filburn

By Lawrence Solum

Jim Chen (University of Louisville - Louis D. Brandeis School of Law) has posted The Story of Wickard V. Filburn: Agriculture, Aggregation, and Commerce (Constitutional Law Stories, Michael C. Dorf ed., 2d ed., Foundation Press, 2008) on SSRN. Here is the abstract:

This article tells the story of Wickard v. Filburn, 317 U.S. 111 (1942). After providing a survey of American agriculture and its regulation between the World Wars, this article describes the constitutional landmark that began as a controversy over Roscoe Filburn's 1941 wheat crop. Wickard v. Filburn represents a pivotal moment in the Supreme Court's effort to define Congress's power "[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Greater turmoil over commerce clause jurisprudence has breathed new life into Wickard v. Filburn.

Highly recommended.

Full post as published by Legal Theory Blog on September 26, 2008 (boomark / email).