My theme throughout is this: Although the Supreme Court's sometimes timid review of state regulatory legislation may be explained by its continued allergic reaction to economic due process review, that timidity is often unwarranted because the Constitution does embody several principles that protect the free market from some forms of state intervention.
Place of Original Publication
Antitrust Law Journal
48 Antitrust Law Journal 1351 (1980)
Gerhart, Peter M., "Constitutional Limits on State Regulatory and Protectionist Policies" (1980). Faculty Publications. 440.