Search for: "James V Lochner" Results 61 - 80 of 85
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18 Dec 2023, 6:30 am by Guest Blogger
  For Sunstein, originalism is unable to accommodate cases such as Brown v. [read post]
13 May 2015, 1:13 pm by James Fox
  The obvious members of this group—cases Akhil Amar described as sitting in the last circle of constitutional hell—are Dred Scott, Plessy, and Lochner. [read post]
17 Aug 2020, 8:40 am by Randy E. Barnett
(2015) Michael Paulsen & Luke Paulsen, The Constitution: An Introduction (2015) Thomas Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (2016) Tara Smith, Judicial Review in an Objective Legal System (2015) Ilya Somin, The Grasping Hand: Kelo v. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
5 Aug 2020, 6:30 am by Guest Blogger
If anything, the resurrect Lochner school of “judicial engagement”[1] would seem to want to return us to an era of laissez-faire economics rather than embrace and judicially sanction economic protectionism. [read post]
24 Feb 2007, 11:48 pm
He is also interested in the Consumer Reports question: why does CR get NYT v. [read post]
1 May 2012, 8:46 pm by Edward A. Fallone
  Similarly, under the line of cases exemplified by Lochner v. [read post]
7 Jul 2020, 9:01 pm by Michael C. Dorf
As a justice, his dissents in Lochner v. [read post]
20 Jan 2023, 6:30 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumPaul Gowder I'd like to sketch out a preliminary outline of a different way to think about the relationship between constitutional law and democracy, one inspired by some of James Baldwin's remarks about the relationship between the struggle for racial equality and American political identity. [read post]
12 Feb 2018, 4:00 am by Josh Blackman
In the Barnett/Blackman constitutional law casebook, we included this introduction to United States v. [read post]