Monday, 18 April 2005

Yay economic substantive due process

Tim Sandefur* has a post on Lochner for dummies. I’m personally still wrestling with how to teach ESDP in my constitutional law classes†—in general, the economic liberties stuff in Epstein and Walker is the weakest material and the hardest for the students to understand—so every little bit I can get from alternative perspectives helps. Of course, the quasi-artificial division of ESDP in “Con Law I” and other forms of SDP—what normal humans call the right to privacy (with or without scare quotes), the right to travel, and the whole mess that is discrimination law—in “Con Law II” doesn’t help student understanding much either.

* Who I don’t read nearly often enough because he doesn’t ping any update services when he posts—hint, hint!
† Which I can mercifully put on hiatus while at Duke, though the over-under is that I’ll probably return to the role of jack-of-all-trades Americanist where ever I end up tenure-track (which actually I don’t mind that much).

Friday, 20 May 2005

More Lochner

Continuing a theme, Tom Traina has a worthwhile post on Lochner and Roe. I don’t have anything to add beyond what I already said in comments to Tom’s post.