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Regulation of Foods and Drugs and Libertarian Ideals: Perspectives of a Fellow-Traveler
In: Social philosophy & policy, Volume 15, Issue 2, p. 209-242
ISSN: 1471-6437
For one with libertarian sympathies, the official regulation of foods and drugs is presumptively a bad thing. One is most accustomed to seeing the argument in debates about legalizing marijuana and other hedonic drugs. And it remains a very good if by now well-trafficked question, which will be more well-trafficked still by the time this essay ends, why government should be in the business of telling people what sorts of chemical moodenhancers they may take. But as the criminologist James Jacobs has pointed out, to ask this question is to put in play matters far larger and more important than marijuana. What business is it of government to say what medicines may be sold and by whom they may be sold? Why should certain chemical agents be available to willing buyers only with a doctor's scrip, and other agents, such as unproved drugs or devices, forbidden to all, even with medical permission? If libertarians answer these questions impatiently, then admirers of the administrative welfare state ("statists") will be happy to play rope-a-dope with them, chattering on about the endearing eccentricities of libertarians' assumptions and avoiding the challenge to articulate and defend their own increasingly shabby-looking principles. Those principles are much in need of defense. Food and drug laws are among the most well-established offices of regulatory government. They are complicated, hypertechnical, mysterious, and expensive to administer and maintain. One is entitled to suspect that a number of them are carried on more out of habit and routine than out of any authentic conviction that they are the best way, or among the better ways, to provide for the welfare of citizens.
Ending the War on Drugs and Children
In: Valparaiso University Law Review, Volume 31, Issue 2
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Second reading: treating the Second Amendment as normal constitutional law
In: Reason: free minds and free markets, Volume 27, p. 32-36
ISSN: 0048-6906
Recontextualizing the Concept of the Death Penalty
In: Buffalo Law Review Vol. 44, No. 527, 1996
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Working paper
Reflections on Violence, Guns and the Defensive Use of Lethal Force
In: Law and Contemporary Problems, Volume 49, Issue 1
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Working paper
Risk-Adjusted Valuation of Professional Degrees in Divorce
In: Journal of Legal Studies, Volume 23, Issue 273
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Ugly: An Inquiry into the Problem of Racial Gerrymandering Under the Voting Rights Act
In: Michigan Law Review, Volume 92, Issue 3
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The Third Criterion: Compactness as a Procedural Safeguard Against Partisan Gerrymandering
In: Yale Law & Policy Review, Volume 9, Issue 2
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Working paper
American Homicide Exceptionalism
In: University of Colorado Law Review, Volume 69, Issue 4
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Working paper
Of Holocausts and Gun Control
In: Washington University Law Quarterly, Volume 75
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Comparable Worth in the Equal Pay Act
In: University of Chicago Law Review, Volume 51, p. 1078
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Race, Religion, and Public Policy: Bob Jones University V. United States
In: Supreme Court Review, Volume 1983, Issue 1
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