Presented by Willard Hurst as part of his course "Introduction to Modern American Legal History" at the University of Wisconsin Law School in 1978. This lecture focuses on labor relations and the economic regulations that were implemented in response to arising problems. Hurst details the history and impacts of Lockner v. New York and the overall use of the contract clause in the U.S. before 1868. He expands upon this topic with the Dred Scott case and property concerns in the nineteenth century. He then discusses the passage of the fourteenth amendment in 1866, and the ways in which it was later utilized to benefit business entities. He closes with an examination of Bunn v. Illinois, and the dissent written by Justice Holmes on responses to social change. Hurst continues discussing economic regulatory legislation as he opens with a detailed look at Nebby v. New York. This case centering on price regulation in the milk industry leads into a discussion on William Graham Sumner. Hurst describes Sumner as the founding father of anthropology and economics, and examines his thoughts on private power with collective action. Hurst closes the lecture with a set of social rules for lawyers that can be derived from the course topics.
