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Journal ArticleDOI

Economic Due Process and the Supreme Court: An Exhumation and Reburial

01 Jan 1962-Supreme Court Review (The University of Chicago Press)-Vol. 1962, Iss: 1, pp 3
About: This article is published in Supreme Court Review.The article was published on 1962-01-01. It has received 33 citations till now. The article focuses on the topics: Supreme court.
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Journal ArticleDOI
TL;DR: The issue of the constitutional validity of major government assistance to church-controlled schools is now pending in the Supreme Court of the United States as mentioned in this paper, and it is a subject on which the Court, like its critics, has heretofore shed less light than heat.
Abstract: The issue of the constitutional validity of major government assistance to church-controlled schools is now pending in the Supreme Court of the United States.' It is a subject on which the Court, like its critics, has heretofore shed less light than heat. If there are relevant guiding principles, the Court, so far at least, has done very well in concealing rather than revealing them. It is, therefore, more foolhardy than daring to predict what the Court will do with the cases pending before it. On this question, as with so many others, the Court seems to regard the life of the law not as logic but as

1 citations

Journal ArticleDOI
Edd Noell1
TL;DR: In this paper, the authors examine several key decisions, including the Slaughterhouse Cases (1873) and the case of Butcher's Union Co. v. Crescent City Co. (1884), which marked out the Court's approach to the economic due process clause in the Fourteenth Amendment.
Abstract: The late nineteenth-century Supreme Court rulings on the constitutionality of state labor laws offer a fertile field for application of models of economic regulation. This study examines several key decisions, including the rulings on the famous Slaughterhouse Cases (1873) and the case of Butcher's Union Co. v. Crescent City Co. (1884), which marked out the Court's approach to the economic due process clause in the Fourteenth Amendment. The interest group model of regulation is found to be of limited value in understanding the Court's limitations on state police powers. It is argued instead that the market failure model, as interpreted in the framework of the common law's approach to economic regulation, provides a more credible explanation of the Court's opinions. They are better understood in light of the common law distinction between the legitimate and illegitimate application of regulation under state police powers.

1 citations

Journal ArticleDOI
TL;DR: The authors argues that attempts to define the Constitution in procedural terms, which have dominated much of constitutional theory from the early years of the twentieth century, inevitably fail insofar as such attempts selectively turn to substantive principles in a haphazard manner.
Abstract: This essay argues that attempts to define the Constitution in procedural terms, which have dominated much of constitutional theory from the early years of the twentieth century, inevitably fail insofar as such attempts selectively turn to substantive principles in a haphazard manner. Moreover, this essay argues that one of the most important arguments in American constitutionalism—whether, that is, the Constitution rests on substantive principles or is a procedural framework of government—is best captured by two justices who also happen to represent on old college rivalry—Williams and Amherst.

1 citations

Journal ArticleDOI
Joel Fishman1
TL;DR: The number of articles by volume, pages, footnotes, authorship by sex, by individual, by institution, and most cited articles in the Supreme Court Review is analyzed in this paper.
Abstract: Supreme Court Review is a faculty-edited legal periodical published by the University of Chicago Law School. This periodical is a highly read and cited law review in law, history, and political science. This article applies bibliometrics to a study of the 438 articles that are published in the periodical over a 50-year period. It is analysis of the number of articles by volume, pages, footnotes, authorship by sex, by individual, by institution, and most-cited articles.

1 citations