Abstract
The last great confrontation between courts and the regulatory state occurred at the turn of the previous century. As courts in the first decades of the twentieth century resisted regulatory laws designed to protect workers and curb market excesses, they sustained broad legal and public critique, including claims that they were guardians of corporate power and monied and propertied interests. The showdown, as is familiar fare, was seemingly resolved in the New Deal, with the Supreme Court and judiciary largely accepting the constitutionality of federal and state regulatory laws. The compromise that emerged, dubbed the “New Deal settlement,” ostensibly called for judicial restraint in the regulatory realm, even as courts were more active in enforcing civil rights. ...
Document Type
Article
Publication Date
2024
Recommended Citation
Luke P. Norris, Judges and the Regulatory State: Trends of Resistance and Restraint, 87 L. & Contemp. Probs. 29 (2024).
Included in
Courts Commons, Judges Commons, Legal History Commons, Supreme Court of the United States Commons
