Book contents
- The Hughes Court
- The Oliver Wendell Holmes Devise History of the Supreme Court of the United States
- Additional material
- Additional material
- The Hughes Court
- Copyright page
- Contents
- Acknowledgments
- Preface
- Table of Cases
- Introduction
- Part I The Opening Years
- Section A: Setting the Stage
- Chapter 1 Personnel and Organizing Ideas
- Chapter 2 Formulas and Conceptions of Basic Needs: An Overview
- Chapter 3 The Complex World of Simple Formulas
- Chapter 4 Formulas and Considerations of Basic Needs in Business Regulation Cases
- Section B: The False Dawn
- Section C: Crisis
- Section D: The New Constitutional Regime
- Part II Continuities
- Part III New Approaches Begin to Emerge
- Historiographical Essay
- Index
Chapter 4 - Formulas and Considerations of Basic Needs in Business Regulation Cases
from Section A: Setting the Stage
Published online by Cambridge University Press: 13 January 2022
- The Hughes Court
- The Oliver Wendell Holmes Devise History of the Supreme Court of the United States
- Additional material
- Additional material
- The Hughes Court
- Copyright page
- Contents
- Acknowledgments
- Preface
- Table of Cases
- Introduction
- Part I The Opening Years
- Section A: Setting the Stage
- Chapter 1 Personnel and Organizing Ideas
- Chapter 2 Formulas and Conceptions of Basic Needs: An Overview
- Chapter 3 The Complex World of Simple Formulas
- Chapter 4 Formulas and Considerations of Basic Needs in Business Regulation Cases
- Section B: The False Dawn
- Section C: Crisis
- Section D: The New Constitutional Regime
- Part II Continuities
- Part III New Approaches Begin to Emerge
- Historiographical Essay
- Index
Summary
The chapter deals with well-established doctrine dealing with business regulation, including rate regulation, and intergovernmental tax immunity and other issues associated with the structure of government. The cases discussed show a sometimes simple, sometimes complex interplay between the stated doctrine and economic considerations, including concerns about the extent to which regulation nominally in the public interest actually served the narrow interests of specific economic actors. The chapter also examines the novel doctrine of propsective overruling, where formalism sharply conflicted with practicality.
Keywords
- Type
- Chapter
- Information
- The Hughes CourtFrom Progressivism to Pluralism, 1930 to 1941, pp. 87 - 118Publisher: Cambridge University PressPrint publication year: 2022