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Chapter 6 - Nebbia

from Section B: The False Dawn

Published online by Cambridge University Press:  13 January 2022

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

Continuing the eamination of early Hughes Court decisins dealing with economic regulation that were seen as relevant to its disposition of cases involving New Deal legislation, the Chapter describes the background of Nebbia v. New York, in which the Court upheld an extensive system of price regulation for milk. Justice Roberts’s opinion, his first important one for the Court, offered an expansive idea of “businesses affected with a public interest,” which observers and later commentators see as providing a basis for the Court’s decisions after 1937 allowing extensive economic regulation.

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Chapter
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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
, pp. 137 - 145
Publisher: Cambridge University Press
Print publication year: 2022

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  • Nebbia
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.008
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Nebbia
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Nebbia
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.008
Available formats
×