” McKenna’s biographer, Matthew McDevitt, wrote that the difference between Lochner and Muller was the volume of statistical information presented to the Court showing the physical differences between men and women in the so-called “Brandeis Brief” of Louis Brandeis and his team in favor of the state’s maximum-hours law for women. [read post]

It would not have been difficult to cut 22 (or 222, for that matter) pages of fat, without (as Cohan did) eliminating several items of significant substance.The Smoking Gun . . . comes in, of all places, the acknowledgements. [read post]