 | David S. Allen, Robert Jensen - Law - 1995 - 312 pages
...guaranteed by the Fourteenth Amendment's due process clause. The Court suggested that such a law constituted "an unreasonable, unnecessary, and arbitrary interference...the right of the individual to his personal liberty [and] to enter into those contracts which may seem appropriate or necessary." 1 In reality, however,... | |
 | Ballard C. Campbell - History - 1995 - 308 pages
...view did not present special health hazards. Regulation of employment in this industry, therefore, was an "unreasonable, unnecessary, and arbitrary interference...right of the individual to his personal liberty." Lochner presented a clash between two republican tenets. At one pole stood the obligation of government... | |
 | Bernard Schwartz - History - 1993 - 480 pages
...involving challenges to Lochner-likc legislation is: "Is this . . . fair, reasonable and appropriate ... or is it an unreasonable, unnecessary and arbitrary interference with the right of the individual?"ss Judge Posner asserts that the Holmes dissent does not really "take issue with the fundamental... | |
 | James W. Ely - Eminent domain - 1997 - 438 pages
...court is sought, the question necessarily arises: ls this a fair, reasonable, and appropriate exercise of the police power of the state, or is it an unreasonable, unnecessary, and arbitrary interference with the riglu of the individual to his personal liberty?" lt is true that the decision in the Lochner case... | |
 | William M. Wiecek - Law - 1998 - 296 pages
...the issue in the case as a simple dichotomy: "[I]s this a fair, reasonable and appropriate exercise of the police power of the State, or is it an unreasonable,...enter into those contracts in relation to labor?" 182 He defined both sides of the dichotomy. Citing his own opinion in Allgeyer, Peckham noted "the... | |
 | Madeleine Mercedes Plasencia - Civil rights - 1999 - 392 pages
...b'.«en said that we must decide whether a state law is "fair, reasonable and appropriate," or is rather "an unreasonable, unnecessary and arbitrary interference...individual to his personal liberty or to enter into . . . contracts," Lochner v. New York, 198 US 45, 56. States, under this philosophy, cannot act in... | |
 | Kermit L. Hall - History - 2000 - 522 pages
...right of the individual to his personal liherty or to enter into thoee contracts in relations to lahor which may seem to him appropriate or necessary for the support of himself and his family? 1d. at 66. The differences hetween Lochner and the present analysis are important. To hegin with, caeea... | |
 | William M. Wiecek - History - 2001 - 300 pages
...the issue in the case as a simple dichotomy: "[I]s this a fair, reasonable and appropriate exercise of the police power of the State, or is it an unreasonable,...liberty or to enter into those contracts in relation to labor?"1s2 He defined both sides of the dichotomy. Citing his own opinion in Allgeyer, Peckham noted... | |
 | Julie Lavonne Novkov - Law - 2009 - 333 pages
...person and freedom of contract" (57). The Court understood this right as "the right of the individual to enter into those contracts in relation to labor...appropriate or necessary for the support of himself or his family" (57). The individual in question was the rational, capable, implicitly male individual... | |
 | Kermit L. Hall - History - 2001 - 806 pages
...fair, reasonable, and appropriate exercise of the police power of the State, or is it sn unreasonable interference with the right of the individual to his...personal liberty or to enter into those contracts in relations to labor which may seem to him appropriate or necessary for the support of himself and his... | |
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In every case that comes before this court, therefore, where legislation of this character is concerned and where the protection of the Federal Constitution is sought, the question necessarily arises: Is this a fair, reasonable and appropriate exercise... 
