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2 results

  • Chapter 6 - Nebbia

  • from Section B: The False Dawn
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book:
    The Hughes Court
    Published online:
    13 January 2022
    Print publication:
    03 February 2022, pp 137-145

  • 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.

  • Chapter 2 - Formulas and Conceptions of Basic Needs: An Overview

  • from Section A: Setting the Stage
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book:
    The Hughes Court
    Published online:
    13 January 2022
    Print publication:
    03 February 2022, pp 57-74

  • Summary

    The chapter examines a range of cases in which “formulas” competed with “conceptions of basic needs” as the available grounds of decision. The cases deal with the federal estate tax and the important doctrine authorizing more expansive regulation of businesses affected with a public interest than of other business.