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Justice Holmes and the Empty Constitution
Examines the meaning and consequences of Oliver Wendell Holmes's famous dissent in Lochner v. New York, showing how and why it has devastated American jurisprudence, and indicating what future jurists must grasp and do in order to begin reversing the damage.
About the Author
Thomas A. Bowden is an analyst at the Ayn Rand Center for Individual Rights in Washington, D.C., focusing on legal issues. His op-eds have appeared in The Wall Street Journal and many other publications, and he frequently provides commentary to various media outlets. A former law school instructor, he practiced civil litigation in Baltimore for twenty years.
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