Constitutional Law - Due Process - Nebraska Supreme Court Adopts Substantive Due Process Approach in Striking Down Price Control Legislation - Gillette Dairy, Inc. v. Nebraska Dairy Products Board, 192 Neb. 89, 219 N.W.2d 214 (1974)
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Authors
Furman, Barry A.
Issue Date
1975
Volume
8
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The confrontation between the legislative and the judicial powers in the arena of economic regulation is a familiar theme to students of constitutional law. The dramatic climax of this conflict came during the New Deal with the judicial discovery of constitutional justifications for the pre-eminence of legislative power over the economy. So convincing was this resolution that a generation and more of students has taken it as gospel that the reach of legislative authority over economics can only rarely exceed its grasp. But when the other side in this now familiar story occasionally appears again, it is worthy of a critical look. The Nebraska Supreme Court has recently done just that, when, in the case of Gillette Dairy, Inc. v. Nebraska Dairy Products Board, it declared unconstitutional a legislative scheme which attempted to establish minimum price controls on dairy products. This note analyzes the case, its historical roots, and its somewhat anomalous position in our jurisprudence...
Description
Citation
8 Creighton L. Rev. 508 (1974-1975)
Publisher
Creighton University School of Law