BEL Outline Fall 2007

BEL Outline Fall 2007 - BEL Outline Fall 2007 I....

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BEL Outline Fall 2007 I. Introduction a. Hurley v. Eddingfield i. Doctor is not required to enter into a contract to aid an individual even if that individual has previously relied on the doctor for medical services and no other medical services are available ii. Rule: No duty to enter into a contract (Contract) and No liability for failure to render aid (Tort) 1. Unless you are a common carrier or innkeeper (Quasi- Public Institutions) 2. Individuals have freedom to choose whether or not to enter into a contract iii. Level 3 analysis: It would violate the principles of freedom and liberty to force individuals to enter into contracts if they do not wish to do so b. Lochner v. New York (1905) i. The New York State Legislature acted unconstitutionally when it drafted a law limiting the number of hours bakers could work to 60 per week ii. Rule: Such a limitation on the freedom to contract is not within the police power of the State 1. Workers should be free to enter into any contract that they choose 2. State can only regulate when it comes to the safety, health, and welfare of the general public 3. The Legislature cannot pass laws which favor one group over the other iii. Holmes’ dissent: This is a clash of economic ideologies, and if the New York Legislature chooses to embrace one such ideology to the exclusion of others, that is their right “A Constitution is not intended to embody a particular economic theory…it is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States” 1. A Realist Critique of CLT c. Coppage v. Kansas (1914) i. Kansas law which makes it illegal for employers to forbid their
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BEL Outline Fall 2007 - BEL Outline Fall 2007 I....

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