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.
Resisting Deep Capture: The Commercial Speech Doctrine and Junk-Food Advertising to Children
, 39 Loy. L. A. L. Rev. 507
Available at: http://digitalcommons.law.scu.edu/facpubs/62