Publication Date
8-30-2026
Abstract
Despite the lack of serious interrogation at the federal constitutional level of economic regulations, there continues to be a fairly robust, energetic attention at the level of state constitutional law to so-called economic liberties. In a number of key cases, including, for example, matters involving occupational licensing, state courts have looked to unique features of their respective state constitutions to assess whether and to what extent regulations undertaken under the police power go too far. The rationales for evaluating and, in some cases, invalidating regulations under economic liberties principles are creative, and also controversial. The development of new interpretive approaches at the state constitutional level are worth continuing attention, especially given the stark contrast with contemporary federal constitutional law.
Recommended Citation
Daniel B. Rodriguez,
The New Economic Liberties,
121
Nw. U. L. Rev.
5
(2026).
https://scholarlycommons.law.northwestern.edu/nulr/vol121/iss1/2
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