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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... "
Report of the ... Annual Session of the Georgia Bar Association - Page 233
by Georgia Bar Association - 1910
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Courts and Political Institutions: A Comparative View

Thijmen Koopmans - Juvenile Nonfiction - 2003 - 332 pages
...citizen under the Fourteenth Amendment.66 Justice Holmes strongly criticized the result: This case is decided upon an economic theory which a large part...or disagreement has nothing to do with the right of the majority to embody their opinions in law I think that the word liberty in the xivth Amendment is...
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Safeguarding Americans from a Legal Culture of Fear: Approaches to Limiting ...

United States. Congress. House. Committee on the Judiciary - Law - 2004 - 238 pages
...respect economic legislation that is rationally related to a legitimate policy goal, lie wrote: This case is decided upon an economic theory which a large part...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...
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Safeguarding Americans from a Legal Culture of Fear: Approaches to Limiting ...

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 part...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...
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Safeguarding Americans from a Legal Culture of Fear: Approaches to Limiting ...

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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The Most Activist Supreme Court in History: The Road to Modern Judicial ...

Thomas M. Keck - Political Science - 2010 - 393 pages
...his famous dissent in Lochner v. New York, for example, he chastised the Court for deciding the case "upon an economic theory which a large part of the country does not entertain." He also insisted that "the word liberty in the Fourteenth Amendment is perverted when it is held to...
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The Fugitive's Properties: Law and the Poetics of Possession

Stephen M. Best - Literary Criticism - 2010 - 375 pages
...majority's embrace of this principle insinuated into the sacred precincts of constitutional doctrine "an economic theory which a large part of the country does not entertain," transforming laissez-faire doctrine into "the right of a majority to embody their opinions in law"...
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John Kenneth Galbraith: The Economist as Political Theorist

Conrad Waligorski - Business & Economics - 2006 - 348 pages
...are discussed as these elucidate and support his politics. Chapter One Themes and Problems 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. —Oliver Wendell Holmes...
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Guns and Butter: Setting Priorities in Federal Spending in the ..., Volume 4

United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Subcommittee on Federal Financial Management, Government Information, and International Security - Business & Economics - 2006 - 98 pages
...Holmes in his famous dissent in Lochner v. New York, 198, US 45 (1905). Declaring that the case was "decided upon an economic theory which a large part of the country does not entertain," and adding that his "agreement or disagreement [with the theory] has nothing to do with the right of...
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The Most Democratic Branch: How the Courts Serve America

Jeffrey Rosen - Law - 2006 - 256 pages
...dissents in American legal history, Justice Oliver Wendell Holmes chastised the Court for enacting "an economic theory which a large part of the country does not entertain." "The Fourteenth Amendment," he memorably announced, "does not enact Mr. Herbert Spencer's social statistics."...
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Pragmatism, Democracy, and the Necessity of Rhetoric

Robert Danisch - Language Arts & Disciplines - 2007 - 220 pages
...does not waste any time with formal haggling over legal terms. The opening sentence states: "This case is decided upon an economic theory which a large part of the country does not entertain" (MFJH 1905, 148). In other words, the justices who struck down the law were arguing from an implied...
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