...of the majority is put by Mr. Justice Holmes in a few sentences that deserve to become classical : " This case is decided upon an economic theory which...does not entertain. If it were a question whether I agree with that theory, I should desire to study it further and long before making up my mind. But...

...45, 75-76; 49 L. Ed. 937, 949.] Mr. Justice Holmes, dissenting: READINGS IN AMERICAN GOVERNMENT for 5 conceive that to be my duty, because I strongly believe...agreement or disagreement has nothing to do with the rip i a majority to embody their opinions in law. It is settled by various decisions of this court...

...meddlesome interference with the richts of the individual. The dissenting judges remarked that the case was "decided upon an economic theory which a large part of the country does not entertain." Twelve years later, in 1917, the highest court of the land upheld a 10-hour law in Oregon, which applied...

...living, are mere meddlesome interferences with the rights of the individuals' : and Justice Holmes says : 'This case is decided upon an economic theory which a large part of the country does not entertain' ; and again 'But a constitution 'State rs. Mikslcek, 125 SW Rep. 507. 'People er rcl. Hoelderlln r»....

...living, are mere meddlesome interferences with the rights of the individuals': and Justice Holmes says: 'This case is decided upon an economic theory which a large part of the country does not entertain1-, 'and again 'But a constitution 'State r«. MlksVek. 125 SW Rep. 507. 'People fx re'. Hoelderlln...

...decades later and that dominates conventional jurisprudential wisdom even today. Holmes charged that "[t]his case is decided upon an economic theory which a large part of this country does not entertain," namely, the "shibboleth" of "[t]he liberty of the citizen to do as...

...machinations of the marketplace was no cause to recast well-established constitutional principles: This case is decided upon an economic theory which a large part of this country does not entertain. ... But a Constitution is not intended to embody a particular economic...

...legislature. Justice Holmes wrote a trenchant and oft-quoted dissent. 86 He began by asserting that " [t]his case is decided upon an economic theory which a large part of the country does not entertain." 87 Presumably, what he had in mind was liberty of contract. He apparently recognized that liberty of...

...policy. He accused it of enacting "Mr. Herbert Spencer's Social Statics," and of deciding the case "upon an economic theory which a large part of the country does not entertain." 9 The policy encased in judicial formalism might be that judges should protect the propertied class...

...Hale, supra note 13, at 474. 21. Lochner v. New York, 198 US 45, 75 (1905) (Holmes, J., dissenting) ("This case is decided upon an economic theory which a large part of the country does not entertain. . . . The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics."). 22. The question...