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Munn v. Illinois (1876)

Munn v. Illinois (1876). Munn v. Illinois (1876) What is the issue at law? Constitutional interpretation State regulatory authority Perception of private property Role of dissenting opinion. Lochner v. New York (1905). Lochner v. New York (190 Issue at law?

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Munn v. Illinois (1876)

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  1. Munn v. Illinois (1876) • Munn v. Illinois (1876) • What is the issue at law? • Constitutional interpretation • State regulatory authority • Perception of private property • Role of dissenting opinion

  2. Lochner v. New York (1905) • Lochner v. New York (190 • Issue at law? • How do we define the private property/public interest debate? • Profit = Property? • Laissez faire economics influencing judicial reasoning. • Legal Formalism • Significance of dissent in this case

  3. NLRB v. Jones and Laughlin Steel • NLRB v. Jones and Laughlin Steel (1935) • Issue at law? • Significance of date? • Role of the Agency • 5 questions

  4. Dolan v. City of Tigard (1994) • Issue at law? • What about the time period and ideology of the Court? • Do you see a pattern to the majority and minority? • Relationship between regulation and property? • “reasonable relationship”, “rough proportionality”, and “presumption of constitutionality” • Significance of dissent in this case?

  5. Kelo v. City of New London (2005) • Issue at law? • Compare the majority/minority in this case to that of Dolan • How is the taking addressed? • How is it similar to or different from past applications? • Significance of dissent in this case?

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