Domination, Democracy, and Constitutional Political Economy in the New Gilded Age: Towards a Fourth Wave of Legal Realism?

The article discusses the role of constitutionalism and constitutional theory in social change during the Progressive era of U.S. history. Emphasis is given to topics such as market equality and the laissez-faire economics of U.S. Supreme Court decisions such as Lochner v. New York, the moral aspects of democracy, and the development of the legal realist movement in addressing disparities in economic and political power.