...impart apparent justification to Justice Holmes's famous complaint that decisions protecting them were 'decided upon an economic theory which a large part of the country does not entertain'.46 But it was a concept of rights implicit in classical economics and not a total inhibition...

...that deserve to become classical : "This case is decided opon an economic theory which a large pan of the country does not entertain. If 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...

...Holmes wrote a separate, dissenting judgment that centered on five specific points: (1) the case was decided upon an economic theory which a large part of the country did not entertain; (2) it is settled that state laws may regulate life in many ways which legislators...

...principles, he wrote; instead, it was a mask behind which courts legislated policy on the basis of "an economic theory which a large part of the country does not entertain."124 Holmes insisted that it was the job of legislatures, not courts, to "embody their opinions...

...v. McClung, 379 US 294 (1964). 92. Justice Holmes again gives us a classic expression of this view: "This case is decided upon an economic theory which...that theory, I should desire to study it further. . . . But I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement...

...of the majority is put hy Mr. Justice Holmes in a few sentences that deserve to hecome classical : "This case is decided upon an economic theory which...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...

...reliance on cooperative federalism, Justice Oliver Wendell Holmes denounced the activism of the Court: 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. ... It is settled...

...judicial hymn to laissez-faire ideology. The other opinion, a dissent by Holmes that announced that "[t]his case is decided upon an economic theory which a large part of the country does not entertain," and suggested that "the Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics,"'...

...opinion of Justice Holmes is one of the most famous of American judicial opinions. The case, he said, was 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. ... I think lhal...

...Court's archetypal anti-Progressive decision, Lochner v. New York. "This case is decided," he charged, "upon an economic theory which a large part of the country does not entertain." l7 Given his positivism, his attack on Swift, and his rejection of substantive due process, Holmes...