What did the Supreme Court hold in Atkins v. Childrens Hospital (1923)?The Court held that federal minimum wage legislation for women and children working in DC was an unconstitutional infringement of liberty of contract, as protected by the due process clause of the Fifth Amendment.
What is a Brandeis brief?A legal argument that emphasizes facts, social science findings, and scientific studies over pure legal theory. This mode of legal argument was made famous by attorney (and later Supreme Court justice) Louis Brandeis in Muller v. Oregon (1908).
What is a business affected with a public interest (BAPI)?Economic activity that has an impact on the community at large. As discussed in Munn v. Illinois (1877), when private economic activity has such a public consequence, it may be regulated by the government.
What did the Supreme Court hold in Chicago, Milwaukee & St. Paul Railway Co. v. State of Minnesota (1890)?The Court invalidated a Minnesota law that authorized an administrative agency to set rates for railroad transportation. According to the Court, the rates were set without due process of law, specifically without providing the railroad an opportunity to challenge the equality and reasonableness of the rates.


What are compensatory damages?A court-ordered, monetary award to a party who has been injured through the unlawful acts of another. The amount of the award, to be paid by the party who committed the unlawful act, is set at an amount seen as equialent to the loss suffered by the injured party.
Who is Herbert Spencer?A British economist whose books, Social Statics (1851) and Principles of Biology (1864), were largely responsible for the theory of Social Darwinism. This philosophy vigorously defended laissez-faire economic policy and was very influential in economic, political and legal circles during the late nineteenth century and early twentieth century.
What did the Supreme Court hold in Lochner v. New York (1905)?Even though states have the power to regulate the areas of health, safety, morals, and public welfare, a New York law regulate bakers' working hours was not within the limits of these ''police powers'' of the State. The regulation did not protect public health and interfered with the freedom of employers and employees to negotiate contracts.
What did the Supreme Court hold in Munn v. Illinois (1877)?The Court upheld an Illinois law regulating grain elevators because the movement and storage of grain were considered to be closely related to public interest. Although the due process of the Fourteenth Amendment prevented state legislatures from interfering with purely private transactions, the Court held that private property "affected with a public interest" may be regulated for the public good.


What did the Supreme Court hold in Muller v. Oregon (1908)?The Court upheld Oregon state restrictions on the working hours of women. According to the Court, the state law advanced the special state interest in protecting women's health from the dangers of working long hours.
What are police powers?The general authority of a government to regulate for the health, safety, morals, and general welfare of the people, subject to constitutional limitations. The states possess such general police powers, but the federal government is restricted to the powers that have been given to it by the U.S. Constitution.
What is procedural due process?The requirement, guaranteed by the Fifth and Fourteenth Amendments, that government cannot take a person's life, liberty, or property without doing so by following procedures that are considered fair.
What are punitive damages?A court-ordered, monetary award to party who has been injured through the unlawful acts of another. The purpose of the award is to punish the wrongdoer and to deter future unlawful acts. The amount of the award is set at a level appropriate for attaining these goals.


What is the rational basis test?A legal standard that presumes the constitutionality of a challenged statute and assigns responsibility to the challenging party to show that no rational relationship exists between the law and a legitimate government interest.
What did the Supreme Court hold in Slaughterhouse Cases (1873)?The Court held that Louisiana did not violate the 14th Amendment by granting a slaughtering monopoly to one company. The right of the other butchers to do business was neither a ''privilege and immunity'' nor an aspect of ''property'' protected by the due process guarantee of the 14th Amendment. The purpose of the Civil War Amendments was to outlaw slavery and promote racial equality, not protect business interests.
What is substantive due process?An interpretation of the Due Processes Clauses of the Fifth and Fourteenth Amendments that prohibits government from arbitrarily or unreasonably denying rights that are inherent in the freedom of the individual regardless of the fairness of the procedures used.
What did the Supreme Court hold in West Coast Hotel Company v. Parrish (1937)?In this landmark case, the Court uploads a state minimum wage law. The decision represents a rejection of "liberty of contract" interpretation of the Fourteenth Amendment and is part of a general shift of the court on economic substantive due process during New Deal Era.


What did the Supreme Court hold in Williamson v. Lee Optical (1955)?The Court upheld a state law prohibited any person from fitting or duplicating glasses without a prescription from an ophthalmologist or optometrist. The Substantive Due Process Clause will no longer be used to strike down state laws regulating business and industrial conditions because they may be unwise or improvident.
What did the Supreme Court hold in Allgeyer v. Louisiana (1897)?The Court struck down a Louisiana insurance industry regulation on grounds that it violated an individual's "liberty to contract" with an out-of-state business. This was the first case in which the Supreme Court interpreted the word liberty in the Due Process Clause of the Fourteenth Amendment to mean economic liberty.
What did the Supreme Court hold in Nebbia v. New York (1934)?The Court determined that the state of New York could regulate (set and/or otherwise control) the price of milk for dairy farmers, dealers, and retailers. Although milk production is not a public utility or property affected with a public interest, the Court holds a state may adopt any economic policy that is reasonably related to a proper purpose and is not arbitrary or discriminatory.
What did the Supreme Court hold in BMW of North American v. Gore (1996)?The Court held that a $2 million dollar punitive damages award imposed for deceptive auto sales violated the Due Process Clause of the Fourteenth Amendment. The award was not in fair proportion to the state interest in imposing punitive damages to protect its citizens from deceptive auto sales.


What did the Supreme Court hold in Capterton v. A.T. Massey Coal Co. Inc. (2009)?The Court held that the Due Process clause of the Fourteenth Amendment requires a judge to recuse himself not only when actual bias has been demonstrated or when the judge has an economic interest in the outcome of the case, but also when "extreme facts" create a "probability of bias."