Adair V. United States - Analysis

Analysis

David P. Currie has remarked that the Court's decision in Adair is difficult to square with two of its other decisions that same year: Damselle Howard v. Illinois Central Railroad Company, in which the Court held that it was within Congress' power to abrogate the fellow-servant rule (which absolves an employer of liability for injury to a worker resulting from the negligence of a co-worker) for railway employees injured in interstate commerce; and Loewe v. Lawlor, in which it held that Congress could prevent union members from boycotting goods shipped from one state to another.

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