By Mitchell Aboulafia
Contents Articles Frederic R. Kellogg: Hobbes, Holmes, and Dewey: Pragmatism and the matter of Order Brian E. Butler: Dews, Dworks, and Poses come to a decision Lochner Sor-hoon Tan: Our state wrong or right: a realistic reaction to Anti-Democratic Cultural Nationalism in China Stephen Harris: Antifoundationalism and the dedication to lowering soreness in Rorty and Madhyamaka Buddhism Eric Thomas Weber: On making use of Ethics: who is frightened of Plato's Cave? William Gavin, Stefan Neubert, and Kersten Reich: Language and Its Discontents: William James, Richard Rorty, and Interactive Constructivism Matthew J. Brown: actual difficulties and the importance of technological know-how Robert Chodat: Evolution and rationalization: Biology, Aesthetics, Pragmatism Joseph Margolis: Pragmatism's destiny: a slightly of Prophecy Review Essay Brian E. Butler: Sen's The suggestion of Justice: again to the (Pragmatic) destiny Book Reviews Tibor Solymosi: Review of Jay Schulkin. Cognitive version: A Pragmatist standpoint
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Additional info for Contemporary Pragmatism. Volume 7, Number 2. December 2010
15. This analysis is supported by Sunstein’s narrative tracing such an “activist” stance both forward through Roe v. Wade (1973) and backwards to Dredd Scott v. Sanford. Cass R. Sunstein, Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America (New York: Basic Books, 2005), pp. 82–86. 16. ” p. 375. 17. Jack M. Balkin in “‘Wrong the Day It Was Decided’: Lochner and Constitutional Historicism,” Boston University Law Review 85 (2005): 677–725. 18. Bruce Ackerman, We the People 1: Foundations (Cambridge, MA: Harvard University Press, 1991), pp.
Therefore, Harlan argues that the judgment of the lower court ought to have been affirmed. Holmes filed a separate and lone dissent in Lochner. In it, Holmes famously claims that the majority decided the case through allegiance to a specific economic theory. Further, he points out that the theory in question is one that many in the United States do not agree with. As to the protection of contracts, Holmes cites multiple ways in which they are legally “interfered” with, such as Sunday laws, usury laws and lottery prohibitions.
Balkin in “‘Wrong the Day It Was Decided’: Lochner and Constitutional Historicism,” Boston University Law Review 85 (2005): 677–725. 18. Bruce Ackerman, We the People 1: Foundations (Cambridge, MA: Harvard University Press, 1991), pp. 64–65. 19. : Duke University Press, 1993). 20. , p. 10. 21. , p. 205. 22. Perhaps the clearest version of this type of argument is offered in Cass R. Sunstein, “Lochner’s Legacy,” Columbia Law Review 87 (1987): 873–919. 23. , p. 880. 24. , p. 889. 25. Jennifer Nedelsky, Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy (Chicago: University of Chicago Press, 1990), p.