Culinaria Issue 4: Taking Food and the Fifth Amendment
This amicus brief reviews the constitutional issue of "taking" as it applies to food. It is an important document, as many of its arguments were adopted by the US Supreme Court in their decision in this case. We often think of "taking" as it applies to land, but agricultural crops are as much property as land is. In its historical approach, this brief reminds us that food had a role in the early development of the law in the US.
About the Author
Baylen J. Linnekin is the founder and executive director of Keep Food Legal Foundation. He serves as an adjunct faculty member at George Mason University Law School, where he teaches a Food Law & Policy Seminar, and American University, where he teaches courses on food policy. Linnekin is currently writing his first book, which focuses on ways that government policies often impact sustainable food practices, for Island Press. He is also currently serving as an expert witness in an ongoing First Amendment food-labeling lawsuit.