 | Kermit L. Hall - Biography & Autobiography - 2000 - 396 pages
...Black "heard from the people," one might recall Holmes's comment in Lochner that the case had been decided "upon an economic theory which a large part of the country does not entertain."139 One might also note Brandeis' famous talk on "the living law" and his charge that courts... | |
 | John W. Johnson - Law - 2001 - 608 pages
...majorities." Justice Holmes dissented from the Peckham opinion with some of his best known rhetoric: "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. ... I think that... | |
 | William M. Wiecek - History - 2001 - 300 pages
...elite. The most influential imputation of this idea was Justice Oliver Wendell Holmess Lochner dissent: "This case is decided upon an economic theory which a larg'e part of the country does not entertain. . . . The 14th Amendment does not enact Mr. Herbert Spencers Social Statics."12 Holmess assertion was... | |
 | David E. Bernstein - Law - 2001 - 242 pages
...Lochner, 198 US at 75 (Holmes, J. dissenting) (criticizing Lochner majority for deciding the case based "upon an economic theory which a large part of the country does not entertain"); Raoul Berger, Government by Judiciary: The Transformation of the Fourteenth Amendment 249-82 (1977);... | |
 | Julio Baquero Cruz - Law - 2002 - 205 pages
...contractual liberty enshrined in the substantive interpretation of the due process clause. Holmes dissented: This case is decided upon an economic theory which a large part of the country does not entertain. [. . .] [A] Constitution is not intended to embody a particular economic theory, whether of paternalism... | |
 | Jeffrey A. Segal, Harold J. Spaeth - Law - 2002 - 484 pages
...regulations, the Court ruled that only the states could do so. Justice Holmes argued in dissent that 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. ... A constitution... | |
 | Hawley Grace Fogg-Davis - Family & Relationships - 2002 - 188 pages
...Justice Oliver Wendell Holmes insisted that the extratexrual basis for the majority's decision was "an economic theory which a large part of the country does not entertain" — namely, laissez-faire capitalism. 30. 410 US 113, 93 S.Ct. 705 (1973). Justice Harry A. Blackmun,... | |
 | United States. Congress. House. Committee on the Judiciary - Law - 2004 - 238 pages
...should respect economic legislation that is rationally related to a legitimate policy goal, lie wrote: This case is decided upon an economic theory which...study it further and long before making up my mind. Hut I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement... | |
 | United States. Congress. House. Committee on the Judiciary - Law - 2004 - 228 pages
...respect economic legislation that Is rationally related to a legitimate policy goal. He wrote: I his case is decided upon an economic theory which a large...were a question whether I agreed with that theory, 1 should desire to study it further and long before making up my mind. iStit I do not conceive that... | |
 | United States. Congress. House. Committee on the Judiciary - Law - 2004 - 236 pages
...Ibis case is decided upon an economic theory which a large pan of the country does not entertain. If h were a question whether I agreed with that theory....study it further and long before making up my mind liut I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement... | |
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This case is decided upon an economic theory which a large part of the country does not entertain. 
