The Dual Standard of Review in Contracts Clause Jurisprudence

Authors

Brenner M. Fissell, Maurice A. Deane School of Law at Hofstra UniversityFollow

Document Type

Article

Publication Title

Georgetown Law Journal

Publication Date

2013

Abstract

The article discusses American constitutional law, the U.S. Supreme Court's ruling in the 1977 case United States Trust Co. of New York v. New Jersey, and a reported dual standard of review in regards to Contracts Clause jurisprudence under the the nation's Constitution as of April 2013. Legislative repudiations of private agreements, government contracting, and public choice theory are addressed, along with trusteeship and police powers. A reasonableness analysis for contracts is mentioned.

Recommended Citation

Brenner M. Fissell, The Dual Standard of Review in Contracts Clause Jurisprudence, 101 Geo. L.J. 1089 (2013)
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/1186