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" 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 569
1911
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Constitutional Protection of Private Property and Freedom of Contract

Richard Allen Epstein - Economic liberties (U.S. Constitution) - 2000 - 430 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 and long hefore making up my mind. But I do not conceive that to he my duty hecause I strongly helieve that...
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The Lochner Court, Myth and Reality: Substantive Due Process from the 1890s ...

Michael J. Phillips - Due process of law - 2001 - 228 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.137 In fact, Holmes later claimed that the Constitution does not recognize any economic theory....
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Constitutional Interpretation: Illusion and Reality

Jeffrey M. Shaman - Constitutional law - 2001 - 290 pages
...deciding the case or interpreting the Constitution. As Holmes put it in his dissenting opinion, his "agreement or disagreement has nothing to do with...the right of a majority to embody their opinions in law."2y The state may regulate life in many ways "as injudicious or if you like as tyrannical as this."30...
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Locke, Jefferson, and the Justices: Foundations and Failures of the US ...

George M. Stephens - Law - 2002 - 224 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 laws) may regulate life in many ways...
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Race, Citizenship, and Law in American Literature

Gregg D. Crane, Gregg David Crane - Literary Criticism - 2002 - 316 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...to do with the right of a majority to embody their opinion in law.95 When the legal issue involved race, however. Holmes tended to drop the tone of judicial...
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The Right to Privacy: Rights and Liberties Under the Law

Richard A. Glenn - Privacy, Right 0f - 2003 - 449 pages
...theory which a large part of this 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. Holmes concluded, I think the word "liberty," in the Fourteenth Amendment, is perverted when it...
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The Fuller Court: Justices, Rulings, and Legacy

James W. Ely - Constitutional history - 2003 - 337 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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Equal Protection: Rights and Liberties Under the Law

Francis Graham Lee - Discrimination - 2003 - 417 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 laws] may regulate life in many ways...
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Property Rights: Rights and Liberties Under the Law

Polly J. Price - Economic liberties (U.S. Constitution) - 2003 - 347 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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Courts and Political Institutions: A Comparative View

Tim Koopmans - Juvenile Nonfiction - 2003 - 332 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...or disagreement has nothing to do with the right of the majority to embody their opinions in law I think that the word liberty in the xivth Amendment is...
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