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Liberty, Property, and Government
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03 July 1989

This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth.
The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the "rhetoric" of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?
Acknowledgments
Introduction
Lochner and Company: Revisionism Revisited
MARY CORNELIA PORTER
Holmes, Brandeis, and Pound: Sociological Jurisprudence as a Response to Economic Laissez-Faire
PAUL L. MURPHY
Evolving Conceptions of 'Property' and 'Liberty' in Due Process Jurisprudence
GLEN O. ROBINSON
The Proper Scope of the Commerce Power
RICHARD A. EPSTEIN
Economic Liberty, Antitrust, and the Constitution, 1880-1925
TONY FREYER
The Jurisprudence—and Mythology—of Eminent Domain in American Legal History
HARRY N. SCHEIBER
Republicanism, Railroads, and Nineteenth-Century Midwestern Constitutionalism
ALAN JONES
Up from Dred Scott; Down to Slaughterhouse: Inventive Interim Judicial Protections for Property in Reconstruction America
HAROLD M. HYMAN
Contributors
Index