ConLaw Class 19 – Economic Liberty I

March 23rd, 2017

Class 19 – 3/23/17

Economic Liberty I

  • Using the Due Process Clause to Protect “Economic Liberty” (853 – 854)
  • Lochner v. New York (855 – 866)
  • Excerpt from Rehabilitating Lochner, by David Bernstein
  • Buchanan v. Warley (871 – 875)
  • Muller v. State of Oregon (875 – 878)
  • Adkins v. Children’s Hospital of District of Columbia (879 – 883)
  • O’Gorman & Young, Inc. v. Hartford Fire Insurance Co. (888 – 892)
  • Nebbia v. People of State of New York (892 – 897)

The lecture notes are here.

Lochner v. New York

Standing on the right is Joseph Lochner.

joseph-lochner

Here are photographs of Lochner’s bakery in Utica, New York.

lochner-bakery

lochners-bakery

Here is the cover of a recent book aimed at rehabilitating Lochner, which depicts Justice Rufus Pekham, author of the majority opinion, knocking out Justice Oliver Wendell Holmes, author of the famous dissent.
rehabilitating-lochner

Through sleuthing at the Oneida County Clerk’s Office, I discovered this advertisement for Lochner’s bakery. According to the ad, Lochner’s Home Bakery “is one of the oldest and most reliable bakeries in Central New York. We pride ourself on Uniformity, Purity, Cleanliness.”

Advertisement for Lochner's Home Bakery - Harlan Institute for Constitutional Studies

Buchanan v. Warley

Here is a headline from April 10, 1917 after Buchanan was argued.

Muller v. Oregon

Here is the Lace House Laundry from Muller v. Oregon.

muller-oregon

Here are workers inside the Lace House Laundry, courtesy of the Oregon Historical Society.

Muller-workers

Adkins v. Children’s Hospital of District of Columbia

Nebbia v. New York

This is grocer Leo Nebbia.