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Articles 1 - 4 of 4
Full-Text Articles in Courts
Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson
Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
Federal Court Reform Should Start At The Top, Roger J. Miner '56
Federal Court Reform Should Start At The Top, Roger J. Miner '56
Endowed/named Lectures and Keynote Addresses
No abstract provided.
The Right To Health Care In The United States, Ken Wing
The Right To Health Care In The United States, Ken Wing
Faculty Articles
This article provides an analysis of the history of constitutional interpretation in the United States, and reveals that any right Americans have to health care is a political rather than constitutional right.
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Faculty Scholarship
Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …