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Constitutional Law

: Ninomania

By David M. Wagner

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Interesting that when Scalia, in one of the plurality sections of the Save the Beach opinion, protests that the Kennedy concurrence "propels us back to what is referred to (usually deprecatingly) as ?'the Lochner era'[,]? he leavens his assertion "that the the 'liberties' protected by Substantive Due Process do not include economic liberties" with the parenthetical

Full post as published by Ninomania on June 17, 2010 (boomark / email).

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