| Ellen Frankel Paul, Howard Dickman - Law - 1990 - 360 pages
...liberty of contract. He apparently recognized that liberty of contract is merely a part of the broader "liberty of the citizen to do as he likes so long...interfere with the liberty of others to do the same." 88 That, however, he dismissed as a mere "shibboleth," noting that the "Fourteenth Amendment does not... | |
| Bernard Schwartz - History - 1993 - 480 pages
...faire. That conception is stated by Holmes as a paraphrase of Herbert Spencer's first principle:42 "The liberty of the citizen to do as he likes so long...interfere with the liberty of others to do the same." That may have been "a shibboleth for some well-known writers," but it "is interfered with by school... | |
| Howard Gillman - Law - 1993 - 336 pages
...laissez-faire, and "a constitution is not intended to embody a particular economic theory." He then noted that the "liberty of the citizen to do as he likes so long...interfere with the liberty of others to do the same ... is interfered with by schools laws, by the Post Office, by every state and municipal institution... | |
| Oliver Wendell Holmes - Biography & Autobiography - 1996 - 378 pages
...with this interfere with the liberty to contract. Sunday laws and usury laws are ancient examples. A more modern one is the prohibition of lotteries. The...writers, is interfered with by school laws, by the Post Office, by every state or municipal institution which takes his money for purposes thought desirable,... | |
| Robert H. Bork - Political Science - 2009 - 452 pages
...like as tyrannical as this, and which equally with this interfere with the liberty to contract. . . . The liberty of the citizen to do as he likes so long...writers, is interfered with by school laws, by the Post Office, by every state or municipal institution which takes his money for purposes thought desirable,... | |
| James W. Ely - Right of property - 1997 - 464 pages
...opinion in Lochner v. New York, 198 US 45 (1905) are similar. See, eg, id. at 75 where Holmes derides "[t]he liberty of the citizen to do as he likes so...interfere with the liberty of others to do the same," as "a shibboleth for some well-known writers." 11. See, eg, Meachum v. Fano, 429 US 215 (1976); Bishop... | |
| Bernard Schwartz - Law - 1997 - 303 pages
...laissez-faire. That conception was stated by Holmes as a paraphrase of the British writer Herbert Spencer: "The liberty of the citizen to do as he likes so long...interfere with the liberty of others to do the same." This led Holmes to his best-known aphorism: "The Fourteenth Amendment does not enact Mr. Herbert Spencer's... | |
| Keith Culver - Law - 1999 - 580 pages
...with this, interfere with the liberty to contract. Sunday laws and usury laws are ancient examples. A more modern one is the prohibition of lotteries. The...writers, is interfered with by school laws, by the Postoffice, by every state or municipal institution which takes his money for purposes thought desirable,... | |
| John W. Johnson - Law - 2001 - 608 pages
...listing examples, "ancient" and "more modern" of police powers that had been permitted, he noted that "liberty of the citizen to do as he likes so long...interfere with the liberty of others to do the same" had been a "shibboleth of some well-known writers. . . ." The Fourteenth Amendment had not enacted... | |
| George M. Stephens - Law - 2002 - 224 pages
...like as tyrannical as this, and which equally with this interfere with the liberty to contract . . . The liberty of the citizen to do as he likes so long...writers, is interfered with by school laws, by the Post Office, by every state or municipal institution which takes his money for purposes thought desirable,... | |
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