[CRM/LAW C122] - Final Exam Guide - Comprehensive Notes fot the exam (47 pages long!)
29 Mar 2017
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Lochner v new york (1905); roe v. wade (1973) Structure of work and what it means that as workers we have rights; what. Lochner is all about; lochner has a very different way of presenting these issues that were addressed in the spanish workers play. Dissents: harlan argued that the liberty of contract is not absolute, and is subordinate to the general police power of states, unless there is. Other fund rights recognized along side lochnerian logic: marriage and establishing a home, raising children, expression, education, including griswold v. connecticut (1965), invalidating a statute prohibiting use by married couples of contraceptives. Liberal perspective: due process clause that doesn"t name any rights; supreme court should create rights out of life liberty and property, interpret and create substantive things out of minimal language. Conservative perspective: no rights are interpreted from life liberty and property; only important element is the due process element, don"t create substantive elements.
