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Substantive Due Process, Liberty of Contract, and the States’ Police Power

Judge Raymond Randolph, in a speech to the Federalist Society’s National Lawyer’s Convention on November 11, 2005, had much to say about substantive due process: . . . Substantive due process is the...

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Substantive Due Process, Liberty of Contract, and States’“Police Power”

I published this post at Liberty Corner almost ten years ago. I was prompted to re-publish it (with minor changes) upon reading George Will’s column about Chief Justice Roberts’s egregious treatment of...

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Why Liberty of Contract Matters

UPDATED 10/19/15 I wrote this four years ago “In Defense of Wal-Mart“: There are no goon squads dragging unwilling people in from the streets to work in Wal-Mart stores. There are no Wal-Mart employees...

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Why I Am Anti-Union

Schadenfreude. That was my reaction to a recent piece by Rick Moran: A week ago, employees at the Gothamist and DNAinfo were celebrating after a successful vote to join the Writers Guild. The Gothamist...

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Cakes and Liberty

Mark David Hall yesterday posted “Phillips Likely to Win Masterpiece Cakeshop Case, Five Votes to Four” at Law & Liberty. I fervently hope that Phillips wins, and by a greater margin than 5-4...

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Restoring the Contract Clause

Here is George Leef, writing today at National Review online: For decades, the Court has allowed the Constitution’s contract clause (in Article I, Section 10, along with other things the states aren’t...

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