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Article: Expanding the protections of the Takings Clause.
- Article from:
- Trial
- Article date:
- September 1, 2001
- Author:
CopyrightCOPYRIGHT 2001 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Expanding the protections of the Takings Clause
There has been speculation for years as to whether the conservative Supreme Court will revive judicial protection of economic rights of the sort that were safeguarded during the first third of the 20th century. From the late 19th century until 1937, the Supreme Court aggressively protected economic liberties such as freedom of contract and property rights.
This period in the history of U.S. constitutional law is often referred to as the "Lochner era," taking its name from the paradigmatic case of Lochner v. New York. In that case, the Court invalidated a state law limiting the hours that bakers could work, ...