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Experiments on Liberty and a Local Laboratory


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Ninety years ago, U.S. Supreme Court Justice Louis Brandeis described a novel business regulation in a case then before the Court as one that “involves a vast extension of the area of control” exercised by the state. In an often-cited reference, he urged the Court to uphold the scheme. “Denial of the right to experiment may be fraught with serious consequences to the nation. It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”

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