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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 789

Citation
Section 789
Parent Document
Hale v. Morgan, 584 P.2d 512 (1978)
Jurisdiction
California (state)
Effective Date
1978-09-28

Other Sections in This Document (116)

Full Text

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I do not read the opinions cited by the majority here (e.g., Western Air Lines, Younger, Jayhill, and Walsh) as harbingers of a disinterred substantive-due-process review. Because of article I, section 17 of the California Constitution such a review indeed seems inappropriate in this case. Since 1937 "the [United States Supreme] Court's abandonment of *408 `substantive due process' review over economic regulation has been constant and unequivocal." Freund et al., Constitutional Law (4th ed. 1977) page 1094.