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The Lochner Court, Myth and Reality: Substantive Due Process from the 1890s to the 1930s
Conventional wisdom holds that the Lochner Court illegitimately used the Constitution's due process clauses to strike down Progressive legislation designed to protect the poor and powerless against big business.
Author(s) | By Michael J. Phillips. |
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Publisher | Bloomsbury Publishing Plc |
Format | Hardback |
Pages | 224 |
Published in | United States |
Published | 30 Nov 2000 |
Availability | POD |
Conventional wisdom holds that the Lochner Court illegitimately used the Constitution's due process clauses to strike down Progressive legislation designed to protect the poor and powerless against big business.
Preface The Conventional Wisdom An Overview of Lochner-Era Susbstantive Due Process What Motivated the Old Court? The Question of Unequal Bargaining Power The Originalist Challenge Summing Up and Looking Ahead Bibliography Index
Michael J. Phillips is professor emeritus of business administration at Indiana University's Kelley School of Business. During his 23 years at Indiana University he wrote more than 40 law journal articles, served as editor-in-chief of the American Busines