Seventy-fifth anniversary retrospective: most influential articles

Article Abstract:

Commentary on 25 articles considered the most influential published in the New York University Law Review over its 75 years is presented.

Legal literature, New York University Law Review (Periodical)

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The lesson of Lochner

Article Abstract:

The author examines revisionists' attempts to show legal legitimacy of the US Supreme Court's 1905 Lochner v. New York decision and the court's subsequent judicial activism, then suggests that legitimacy also involves social acceptance, which was not granted by the public historically.

Analysis, Judicial review, Judicial activism, Legitimacy of governments, Government legitimacy

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Reconciling cost-benefit analysis with the principal that safety matters more than money

Article Abstract:

The author examines laws regulating health and safety and contends that a modified form of cost-benefit analysis conforming to tort practices should be adopted in some instances. The apparent inconsistencies between safety principles and economic considerations are examined.

Management, Safety and security measures, Product liability, Cost benefit analysis, Products liability, Consumer goods

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