ABSTRACT
As the formalistic, "scientific" decisions of courts came down in favor of business interests, farmers and industrial workers responded by organizing at the grass roots. Farmers organized the Grange movement of the 1870s and the Populist movement of the 1880s, gaining power in a number of state legislatures. Organized labor gained momentum with the formation of the Industrial Workers of the World in 1905, bringing together previously disparate groups. Public sympathy for labor grew as the callousness of management was dramatically publicized by such events as the violent suppression of the Homestead strike of 1892 and the death of 146 workers in the Triangle Shirtwaist Company fire of 1911. Progressives won several elections, including victories by Governors Robert M. La Follette in Wisconsin, John P. Altgeld in Illinois, and Woodrow Wilson in New Jersey. When Hand was a law student in the mid-1890s, the Court had not yet struck down a single law on such "substantive due-process" grounds.
