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American Constitutional and Legal History 8.docx

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Boston College
LAWS 2180
Alan Rogers

Lochner V. N.Y. • New York State says bakers cannot work more than 10 hrs a day. Because it is bad for the health of the bakers and the uncleanliness of the operation endangers people’s health. • Police Power regulation is struck down because it violates the validity of the liberty of contract • Lochner: baking is not strenuous or difficult so it is not bad for his health. • To regulate infringes upon the 14 amendment right of workers to liberty of contract. • Dissent: Justice Holmes makes a plead for the change to reasonableness and logic. • Dissent started a change towards the courts decisions on economic regulation. Muller V. Oregon (1908) • State law that limits the number of hours that woman can work. • The legislation was literally designed to avoid precedent of lochner were their law would be shut down, so chose woman instead of men. • Brandeis is the lawyer for Oregon. Smart dude • First time a lawyer is mentioned in a Supreme Court decision: the
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