Although progressive legal scholars have derided the legal doctrine of liberty of contract as merely a tool of plutocrats, legal scholar David Mayer argues that a wide range of individual liberties were properly protected under the doctrine in his new book Liberty of Contract: Rediscovering a Lost Constitutional Right. Senior Editor Brian Doherty interviewed Mayer about how and why liberty of contract was briefly a key part of the Supreme Court’s arsenal of defenses against government action, and why it’s not a good thing we’ve lost it.
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