The Lochner Court, Myth and Reality: Substantive Due Process from the 1890s to the 1930s

By Michael J. Phillips | Go to book overview
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Index
Abortion, 4, 5, 189, 191
Arkes, Hadley, 21, 54, 100–101, 155, 167
Bargaining power. See Unequal bargaining power
Black, Hugo, 18, 20, 21, 22, 24, 104–5, 155, 165, 167
Blackmun, Harry, 189
Bork, Robert, 7;
attack on substantive due process, 21–22, 168–69;
ethical skepticism of, 170–71
Brandeis, Louis D., 14, 17, 22–23, 55, 93, 97, 98, 142, 144, 178, 182;
dissent in New State Ice Co. v. Liebmann,99–105, 132, 146, 183–84
Brennan, William, 10, 23
Brewer, David J., 19
Breyer, Stephen, 43
Brown, Henry B., 138–39
Bryden, David, 146
Businesses affected with a public interest, 39, 141–43.
See also Rate regulation;
Utilities
Butler, Pierce, 13, 21, 58
Cardozo, Benjamin N., 183–84
Children, parents’ right to direct upbringing and education of, 5, 9, 48, 96
Class legislation: defined, 93, 106–7;
how often term used by Lochner Court, 113–14.
See also Gillman, Howard
Commerce clause, conjoined with due process during Lochner era, 37–38
Contraception, 5, 169
Contract clause, conjoined with due process during Lochner era, 37
Cooley, Thomas M., 19
Corporativism, 167–68
Cox, Archibald, 15, 16, 17, 19, 133
Day, William R., 140
Dole, Robert, 195
Double standard, 177;
attack on, 185–92
Douglas, William O., 96–97, 165, 167;
on occupational freedom, 171–72
Due process, 162;
core values protected by, 6.
See also Procedural due process;
Substantive due process
Ely, James W., Jr., 38, 148–49, 168;
on meaning of Fourteenth Amendment due process, 158–62;
on reasons why Lochner Court misrepresented, 182

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