30: A Filled Milk Caste
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Joe’s favorites case(s) part deux, Carolene Products, the filled milk case to end all filled milk cases. We talk about a case most famous for its fourth footnote. That’s right. This episode, alongside volumes upon volumes of legal scholarship, is almost entirely concerned with a footnote. But this one almost casually suggests a principle to divide the power of the federal government between courts and the political branches. Bonus content: an idea about returning to school later in life and follow-up on the monkey selfie. This show’s links: Episode 28: A Wonderful Catastrophe, including discussion of the first of Joe’s favorite cases and our discussion of the case of the monkey selfie Draft Compendium of U.S. Copyright Practices, including at page 54 of the linked manual: “The Office will not register works produced by nature, animals, or plants. … Examples: A photograph taken by a monkey.” United States v. Carolene Products Co. Hebe Co. v. Shaw About filled milk Josh Blackman, 60 New Recipes for Carolene…