Tag Archives: economics
Justice Don Willett’s Uncontroversial Commitment to the Constitution
The 1905 Supreme Court case Lochner v. New York has long been a lightning rod for the claim that unelected judges have no place in our Constitutional system striking down laws purporting to ensure public health and safety. The periled precedent played its part this week as UT Law student Noah Horwitz dutifully deployed it against […]
Forcing the Invisible Hand: The “Public Use” Conundrum– Part II
This essay is part II of a series authored by Tanya Abrahamian looking at the expansion of takings following the Supreme Court’s decision in Kelo v. New London. The essays support a reversion to a narrow conception of public use by describing the economic underpinnings of the authority and by countering what it deems to […]