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Full-Text Articles in Law

The "Liberalism" Of Chief Justice Hughes, Samuel Hendel Feb 1957

The "Liberalism" Of Chief Justice Hughes, Samuel Hendel

Vanderbilt Law Review

Charles Evans Hughes ascended the bench as Chief Justice of the United States in February 1930 in the midst of the most serious and steadily worsening economic crisis in American history; a crisis which was to put the institution of judicial review, the Court, and the leadership of its Chief Justice to their severest test. "One may search in vain," said Harlan F. Stone, "for a period in the history of the Supreme Court in which the burden resting on the Chief Justice has been so heavy or when his task has been more beset with difficulties."Now, twenty years after …


Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert E. Rodes Jan 1957

Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert E. Rodes

Journal Articles

Nowadays, there is no more discredited era in our judicial history than that represented by such cases as Lochner v. New York.' During this era, we are told, our ancestors were so benighted economically as to embrace economic principles incapable of producing the good life, and so benighted judicially as to read their economics into the Constitution. We have barely left behind us the bulk of the advocates and judges whose role in history it was to slay the giant laissez-faire, so it is not surprising that we should have no picture of their adversary but the dne that was …