Attack of the Balloon People

Any discussion of food security would, at first blush, seem to focus primarily on world hunger and other threats to the safety of the food supply, whether intentionally man-made (e.g., terrorism), inadvertently man-made (e.g., global warming), made-for-profit by industrial agriculture (referred to as industrial food throughout this Article), or natural although arguably man-abetted (such as bovine spongiform encephalopathy, or mad cow disease). And hunger is indeed a problem and likely to become more of a problem. However, this Article focuses on the long term threat to world health and world food security caused by the American way of eating; the American way of growing food without regard for its long-term impact on the environment; and, finally, the exportation of the American way of eating and farming to the rest of the world. The Article will focus on two nations with more than a billion people each, China and India, as exemplars of the problems of exporting the American food paradigm

Blood Will Tell: Scientific Racism and the Legal Prohibitions Against Miscegenation

This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed-race--and discusses the continuing vitality of this construct. Next, this article turns to the three major strands of scientific racism and briefly develops more modem theories that continued the racist tradition well into the Twentieth Century. The article then looks at the effects of scientific racism on the thoughts and actions of the founding fathers and the Reconstruction-era Congress before turning to the long line of state cases upholding miscegenation statutes, in part by relying on scientific racism. Finally, it discusses the handful of cases that question the constitutionality of antimiscegenation statutes, including Perez v. Lippold and Loving v. Virginia

The Myth of a Color-Blind Constitution

In the frenzied rush to stamp out affirmative action in all of its manifestations, courts and legislatures are losing sight of fundamental realities. A key weapon in the destruction of affirmative action is the myth that the Constitution requires a color-blind approach to all but a very narrowly excepted class of race-based problems