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Full-Text Articles in Law
In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill
In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill
Law and Contemporary Problems
At the turn of the nineteenth century, the US Supreme Court established and reinforced numerous so-called "economic rights." During the Lochner v. New York era, the Court invalidated almost 200 federal and state economic and labor regulations for interfering with the right to contract and for violating substantive due process. In 1937, however, Justice Stone's famous "footnote four" in United States v. Carolene Products Co. closed the coffin on Lochner. After Carolene Products, the Court stopped applying heightened scrutiny to economic legislation, and it began consciously protecting "discrete and insular minorities." Here, Dodrill explains the Lochner-era Supreme Court's standard of …
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Law and Contemporary Problems
No abstract provided.
The Cycles Of Constitutional Theory, Barry Friedman
The Cycles Of Constitutional Theory, Barry Friedman
Law and Contemporary Problems
Friedman presents information on the cyclical nature of constitutional theory. Because constitutional theory is a reaction to the current developments of constitutional law, it is interesting to view constitutional issues through the framework of different historical circumstances.
Independent Judges And Independent Justice, Suzanna Sherry
Independent Judges And Independent Justice, Suzanna Sherry
Law and Contemporary Problems
Sherry discusses how judges have exercised their independence. She provides a brief historical overview of judges using their independence to implement their own view of justice.
Judicial Review And Judicial Activism In Japan, Hiroshi Itoh
Judicial Review And Judicial Activism In Japan, Hiroshi Itoh
Law and Contemporary Problems
No abstract provided.
Comment, John O. Haley
Adjudication And The Governing Process: Political Questions And Legislative Discretion, Taisuke Kamata
Adjudication And The Governing Process: Political Questions And Legislative Discretion, Taisuke Kamata
Law and Contemporary Problems
No abstract provided.