Add to ORKGThis Article explores how some of the salient characteristics of classical legal thought influenced the evolution of the Supreme Court’s constitutional jurisprudence during the New Deal era. It focuses upon the Court’s jurisprudence of economic liberty in the context of substantive due process. Though a similar pattern of evolution occurred in the Court’s Commerce Clause jurisprudence, examination of this area of constitutional development is beyond the scope of this Article. Part I provides an overview of legal classicism and its influence upon late nineteenth and early twentieth-century constitutional law. The next Part examines the paradox of legal classicism and its eventual decline. The final Part analyzes the interplay between le...
This Article analyzes the Supreme Court\u27s view of federalism during the decade of the 1920s. It o...
The conventional explanation for the emergence of the constitutional revolution of the late 1930s,...
This book challenges the prevailing account of the Supreme Court of the New Deal era, which holds th...
This Article explores how some of the salient characteristics of classical legal thought influenced ...
In this article on constitutional development and the New Deal Court. Professor Cushman argues ...
The coming of the New Deal may have spelled the end of the Lochner era in the federal courts, but in...
This Article attempts a reconceptualization of developments in Commerce Clause jurisprudence between...
This article examines the common law backgrounds of late nineteenth and early twentieth century Amer...
This article analyzes the Supreme Court's view of federalism during the decade of the 1920s. It offe...
The Article examines the U.S. Supreme Court\u27s protection of liberty of contract as a fundamental ...
The paper traces the dramatic jurisprudential innovations of the New Deal Revolution, including the ...
Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on beh...
One recurring call over a century of American constitutional thought is for return to a classical ...
The Supreme Court of the New Deal era continues to captivate American lawyers and historians. Consti...
In 1998, legal historian William M. Wiecek published a book outlining the basic legal ideology that ...
This Article analyzes the Supreme Court\u27s view of federalism during the decade of the 1920s. It o...
The conventional explanation for the emergence of the constitutional revolution of the late 1930s,...
This book challenges the prevailing account of the Supreme Court of the New Deal era, which holds th...
This Article explores how some of the salient characteristics of classical legal thought influenced ...
In this article on constitutional development and the New Deal Court. Professor Cushman argues ...
The coming of the New Deal may have spelled the end of the Lochner era in the federal courts, but in...
This Article attempts a reconceptualization of developments in Commerce Clause jurisprudence between...
This article examines the common law backgrounds of late nineteenth and early twentieth century Amer...
This article analyzes the Supreme Court's view of federalism during the decade of the 1920s. It offe...
The Article examines the U.S. Supreme Court\u27s protection of liberty of contract as a fundamental ...
The paper traces the dramatic jurisprudential innovations of the New Deal Revolution, including the ...
Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on beh...
One recurring call over a century of American constitutional thought is for return to a classical ...
The Supreme Court of the New Deal era continues to captivate American lawyers and historians. Consti...
In 1998, legal historian William M. Wiecek published a book outlining the basic legal ideology that ...
This Article analyzes the Supreme Court\u27s view of federalism during the decade of the 1920s. It o...
The conventional explanation for the emergence of the constitutional revolution of the late 1930s,...
This book challenges the prevailing account of the Supreme Court of the New Deal era, which holds th...