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Reviews in Review
By Ellen S. Podgor
Reviews in Review columns.
George D. Brown, Counterrevolution? — National Criminal Law After Raich, 66 Ohio State Law Journal 947 (2005):
United States v. Lopez and United States v. Morrison were decisions that proved helpful to criminal defense arguments regarding federalism issues. From these cases were seen limits to how far the federal government could go in having criminal statutes that controlled state activities.
The Supreme Court in Gonzales v. Raich, a 6-3 decision, was not as assisting to criminal defense lawyers, as the decision allowed federal law to regulate intrastate commerce more broadly. But how far did the Raich decision go; how many of the “old” arguments still remain; and how can this new decision be used to advance the defense federalism arguments? Professor George D. Brown does a wonderful job of examining these questions and provides analysis that can assist enormously in distinguishing these cases.
After dissecting the Raich decision, he explores how this case affects the “curr
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