 | John Mabry Mathews, Clarence Arthur Berdahl - Local government - 1928 - 1004 pages
...45, 75-76; 49 L. Ed. 937, 949.] Mr. Justice Holmes, dissenting: READINGS IN AMERICAN GOVERNMENT for 5 conceive that to be my duty, because I strongly believe...agreement or disagreement has nothing to do with the rip i a majority to embody their opinions in law. It is settled by various decisions of this court... | |
 | Industrial relations - 1928 - 296 pages
...meddlesome interference with the richts of the individual. The dissenting judges remarked that the case was "decided upon an economic theory which a large part of the country does not entertain." Twelve years later, in 1917, the highest court of the land upheld a 10-hour law in Oregon, which applied... | |
 | Charities - 1913 - 906 pages
...meddlesome interferences with the rights of the individuals' : and Justice Holmes says : 'This case is decided upon an economic theory which a large part of the country does not entertain' ; and again 'But a constitution 'State rs. Mikslcek, 125 SW Rep. 507. 'People er rcl. Hoelderlln r».... | |
 | Charities - 1913 - 824 pages
...mere meddlesome interferences with the rights of the individuals': and Justice Holmes says: 'This case is decided upon an economic theory which a large part of the country does not entertain1-, 'and again 'But a constitution 'State r«. MlksVek. 125 SW Rep. 507. 'People fx re'. Hoelderlln... | |
 | Edward McWhinney - Law - 1986 - 334 pages
...perhaps his most famous opinion - to put the Court majority holding in social perspective : '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... Some of these laws... | |
 | Hjalte Rasmussen - Law - 1986 - 590 pages
...example, with writing their social and political values into the Constitution. 'This case', he would say, 'is decided upon an economic theory which a large part of the country does not entertain'. He added 'The Fourtheenth Amendment does not enact Mr. Herbert Spencer's Social Statics'.7 And later... | |
 | Susan Lehrer - Law - 1987 - 332 pages
...majorities, inquiry may be returned, whether they are to be at the mercy of judicial majorities. 43 This case is decided upon an economic theory which a large part...does not entertain. If it were a question whether I agree with that theory, I should desire to study it further and long before making up my mind. But... | |
 | Ellen Frankel Paul, Howard Dickman - Law - 1990 - 360 pages
...Justice Holmes wrote a trenchant and oft-quoted dissent. 86 He began by asserting that " [t]his case is decided upon an economic theory which a large part of the country does not entertain." 87 Presumably, what he had in mind was liberty of contract. He apparently recognized that liberty of... | |
 | Herbert Hovenkamp - Law - 2009 - 470 pages
...policy. He accused it of enacting "Mr. Herbert Spencer's Social Statics," and of deciding the case "upon an economic theory which a large part of the country does not entertain." 9 The policy encased in judicial formalism might be that judges should protect the propertied class... | |
 | Morton J. Horwitz - Law - 1992 - 374 pages
...note 13, at 474. 21. Lochner v. New York, 198 US 45, 75 (1905) (Holmes, J., dissenting) ("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."). 22. The question... | |
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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... 
