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Search Results for Lochner
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Journal Article
The (Rail)Road to Lochner : Reproduction Cost and the Gilded Age Controversy Over Rate Regulation
Available to Purchase
History of Political Economy (2017) 49 (1): 31–58.
Published: 01 March 2017
...Nicola Giocoli The controversy over railroad rates regulation was a fundamental component of the jurisprudential trajectory that culminated in Lochner v. New York (1905) and the so-called laissez-faire era of U.S. constitutional law. Constitutional protection of property required that regulation...
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Journal Article
Neither Populist nor Neoclassical: The Classical Roots of the Competition Principle in American Antitrust Law
Available to Purchase
History of Political Economy (2024) 56 (5): 805–841.
Published: 01 October 2024
... Peckham, the same justice who a few years later would pen the (in)famous Lochner v. New York opinion, built on a simple, literal reading of the statute—hence the name literalists given by law historians to the faction of the court that joined him in the majority—to announce that the Sherman Act had...
Journal Article
“More Merciful and Not Less Effective”: Eugenics and American Economics in the Progressive Era
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History of Political Economy (2003) 35 (4): 687–712.
Published: 01 November 2003
... Economic Association, and of the History of Economics Society.
1. Lochner v. New York, 198 U.S. 45, 76 (1905) (USSC). As popular as his Lochner dissent
was with Progressives, Wendell Holmes was no Progressive. He did not share their political
program; he merely believed in a kind of judicial restraint...
Journal Article
Walton H. Hamilton and the Public Control of Business
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History of Political Economy (2005) 37 (Suppl_1): 234–273.
Published: 01 December 2005
... and Social Science 172 (March): 88 -97. Keezer, Dexter M., and Stacy May. 1930 . The Public Control of Business . New York: Harper. Lochner v. People of the State of New York. 1905. 198 U.S. 45. http://laws.findlaw.com/us/198/45.html . Lynd, Robert. 1934 . A New Deal for the Consumer? New...
Journal Article
“Peaches Which the Patriarchs Lacked”: Natural History, Natural Resources, and the Natural Economy in France
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History of Political Economy (2003) 35 (Suppl_1): 14–41.
Published: 01 December 2003
... . Paris: Charles Huguier. Lochner, Michael Friedrich. 1716 . Commentatio de Ananasa sive Nuce Pinea Indica, vulgo Pinhas . Nürnberg. Ludovicus, Daniel. 1710 . Traité du bon choix des medicamens . Lyon: Antoine Boudet. Meek, Ronald L. 1962 . The Economics of Physiocracy: Essays...
Journal Article
American Economic Reform in the Progressive Era: Its Foundational Beliefs and Their Relation to Eugenics
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History of Political Economy (2009) 41 (1): 109–141.
Published: 01 March 2009
... in the Fifth and Fourteenth Amendments, which
require that the states not restrict life, liberty, or property without due process of law. The
Lochner Court read “liberty” as including liberty of contract. The phrase “liberty of con-
tract” nowhere appears in the Constitution, but neither does “police...