...to sixty hours. In a famous dissent, Mr. Justice Holmes criticized the majority for reasoning from "an economic theory which a large part of the country does not entertain." He objected to this masking of economic preferences with constitutional rhetoric. "The Fourteenth Amendment,"...

...went on to say, any "particular economic theory." lt missed the point to suppose, as Holmes did, that "this case is decided upon an economic theory which a large part of the country does not entertain." lt was decided, no doubt, by justices who held economic views, but they decided the case on a well-established...

...come as no surprise that his remarks were joined by none of his brethren. Holmes's criticism was that "this case is decided upon an economic theory which a large part of the country does not entertain," that is, laissez-faire, and "a constitution is not intended to embody a particular economic theory."...

...Framers had enshrined them in the constitution.90 In his dissent in Lochner, Justice Holmes had asserted, "This case is decided upon an economic theory which a large part of the country does not entertain."91 After 1937, both the economic and legal theories on which Lochner rested were repudiated...

...Holmes, "Path of the Law," in Collected Legal Papen, 184. As Holmes protested in his Lochner dissent, "This case is decided upon an economic theory which a large part of the country docs not entertain." Lochner v. New York, 198 US 45, 75 (1905). 105. O'Hara, "Obituary Sketch," 745,...

...than a symbol, however, and more than a literary lour deforce. The first sentence that I quoted — "This case is decided upon an economic theory which a large part of the country does not entertain" — was one of the opening salvos in the legal realist movement, whose essential teaching was that...

...than a symbol, however, and more than a literary tour de force. The first sentence that I quoted — "This case is decided upon an economic theory which a large part of [he country does not entertain" — was one of the opening salvos in the legal realist movement, whose...

...general propositions than on concrete rules or precedents. Indeed, Holmes began with a broad proposition: "This case is decided upon an economic theory which a large part of the country does not entertain." Holmes neither explained nor elaborated the charge. Instead, he went on to point out that the decision...

...governmental power might validly be exercised. "This case," asserted the celebrated dissent of Justice Holmes, "is decided upon an economic theory which a large part of the country does not entertain." It was because the Lochner Court disagreed with the economic theory on which the legislature had acted...

...individual (Lochnerv. New York, 1905:57-61). A dissenting Justice Holmes described the case as being "decided upon an economic theory which a large part of the country does not entertain" (Lochner v. New York, 1905:75). He derided the Court's majority for failing to accept the premise that...