 This case is decided upon an economic theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind. But I do not conceive that...  The Outlook - Page 5771911Full view - About this book
 | Howard Gillman - Law - 1993 - 336 pages
...dissenting from the majority opinion in Lochner v. New York, should prevail, and courts be held to have "nothing to do with the right of a majority to embody their opinion in law," written constitutions had better be avowedly and formally abolished. . . . [W]hen... | |
 | Michael J. Sandel - History - 1998 - 436 pages
...theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further...the right of a majority to embody their opinions in law." But he goes on to make the further claim that the Constitution does not affirm any particular... | |
 | Lenora Ledwon - Law and literature - 1996 - 524 pages
...has just said Holmes changes the subject, to remark that "[i]f it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind."** The force of the opening sentence lies in the calm assurance with which it is made. It puts the reader... | |
 | Lenora Ledwon - Law and literature - 1996 - 522 pages
...has just said Holmes changes the subject, to remark that "[lIf it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind.""4 The force of the opening sentence lies in the calm assurance with which it is made. It puts... | |
 | the late Bernard Schwartz - Law - 1997 - 303 pages
...not consistent with his conception of the judicial function. "If it were a question whether I agreed with that theory, I should desire to study it further...the right of a majority to embody their opinions in law." The dissent then struck directly at the conception that then virtually equated the law with laissez-faire.... | |
 | Oliver Wendell Holmes - Biography & Autobiography - 1996 - 378 pages
...theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further...the right of a majority to embody their opinions in law. It is settled by various decisions of this Court that state constitutions and state laws may regulate... | |
 | Industrial laws and legislation - 1997 - 452 pages
...it were a question whether I agreec with that theory, I should desire to study it further and lone before making up my mind. But I do not conceive that...nothing to do with the right of a majority to embody llicir opinions in la1v. . . . The Fourteenth Amendment does nnt enact Mr. Herbert Spencer's Social... | |
 | Anthony E. Cook - Law - 1997 - 270 pages
...criterion of values ultimately rested on majoritarian processes. "I strongly believe," he contended, "that my agreement or disagreement has nothing to...the right of a majority to embody their opinions in law. . . . [T]he word liberty in the Fourteenth Amendment is perverted when it is held to prevent the... | |
 | Robert H. Bork - Political Science - 2009 - 452 pages
...Jr., which has become famous in the law, was flawed in this manner. "I strongly believe," he wrote, "that my agreement or disagreement has nothing to...the right of a majority to embody their opinions in law. It is settled by various decisions of this court that state constitutions and state laws may regulate... | |
 | Keith Culver - Law - 1999 - 580 pages
...theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further...the right of a majority to embody their opinions in law. It is settled by various decisions of this court that state constitutions and state laws may regulate... | |
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