%0 Journal Article
%T THE RISE AND FALL OF THE GREENE DOCTRINE: THE SHERMAN ACT, HOWELL JACKSON, AND THE INTERPRETATION OF ¡°INTERSTATE COMMERCE¡±, 1890 ¡ª 1941
%A Harvey Gresham Hudspeth
%J Essays in Economic & Business History
%D 2002
%I The Economic & Business History Society
%X This paper deals with the evolution of the judicial interpretation of the term¡° interstate commerce¡± beginning with the enactment the Sherman Anti-Trust Act of 1890 and concluding with the Supreme Court¡¯s US. v. Darby decision some 51 years later. As may be recalled, the Fuller Court¡¯s 1895 ruling in E.C. Knight all but destroyed Sherman and allowed most corporate monopolies free reign going into the early twentieth century. Even after Sherman¡¯s revival in Northern Securities, however, the Court¡¯s narrow interpretation of ¡°interstate commerce¡± continued to effectively thwart federal attempts at economic regulation for the next half century. This paper examines the formulation of the so-called ¡°Greene Doctrine¡± and its author, future Supreme Court Justice Howell Edmunds Jackson as well as their ultimate impact on American constitutional and economic history.
%U http://www.ebhsoc.org/journal/index.php/journal/article/view/117