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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

Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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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.

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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
, pp. 87 - 118
Publisher: Cambridge University Press
Print publication year: 2022

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