Summary

Louis Brandeis McCloskey v. Tobin — Opinion of the Court

The contention is that, since the state had made causes of action in tort as well as in contract assignable (Railway v. Ginther, 96 Tex. 295, 72 S. W. 166) , they had become an article of commerce; that the business of obtaining adjustment of claims is not inherently evil; and that therefore, while regulation was permissible, prohibition of the business violates rights of liberty and propery and denies equal protection of the laws.
Source: Wikisource

Louis Brandeis McCloskey v. Tobin — Opinion of the Court

To prohibit solicitation is to regulate the business, not to prohibit it. Compare Brazee v. Michigan, 241 U.S. 340, 36 Sup. Ct. 561, 60 L. Ed. 1034, Ann. Cas. 1917C, 522. The evil against which the regulation is directed is one from which the English law has long sought to protect the community through proceedings for barratry and champerty. Co. Litt.
Source: Wikisource

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