Class 18

Due Process Clause I

• Applying Fundamental Rights via the Due Process Clause (848 – 849)
• Chicago, Burlington & Quincy Railroad Co. v. City of Chicago (849-853)
• 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)
• Justice Holmes’s dissent to Buchanan v. Warley (Supplement)
• Muller v. State of Oregon (875 – 878)
• Adkins v. Children’s Hospital of District of Columbia (879 – 883)

The lecture notes are here.

Lochner v. New York

Standing on the right is Joseph Lochner.

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

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.

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.”

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.

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

Adkins v. Children’s Hospital of District of Columbia