Document Type
Article
Publication Date
5-2006
Abstract
The present Article is more precisely dedicated to analyzing, from a critical realist perspective, the wisdom and constitutional viability of one possible policy response to the obesity crisis: a ban on junk-food advertising to children.
This Article seeks not only to show that an effective junk-food advertising ban could pass constitutional scrutiny, but also to demonstrate, through the rigor of a constitutional analysis, the wisdom of such an approach to this substantial social problem. Simultaneously, my purpose is to show, in the context of a difficult First Amendment question, that the critical realist approach to legal theory is capable of yielding substantial analytic insights, jurisprudential innovations, and public policy contributions.
Automated Citation
David Yosifon,
Resisting Deep Capture: The Commercial Speech Doctrine and Junk-Food Advertising to Children
, 39 Loy. L. A. L. Rev. 507
(2006),
Available at: https://digitalcommons.law.scu.edu/facpubs/62