Rehabilitating Lochner

Rehabilitating Lochner

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In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedenta€”and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.11, 2005, Transcripts/randolphBKO.pdf. ... Massachusetts, 291 U. S. 97, 105 (1934). ... 2002). 97. 539 U.S. 558 (2003). 98. Id. at 592 (Scalia, J., dissenting). 99. United States v. United Foods, Inc., 533 U.S. 405, 429 ... Supreme Court precedents, though the Court has never given Justice Sutherlanda#39;s opinion credit for its prescience. ... As Larry Yackle notes, a€œThe analysis in Lochner is dead only in the sense that the Courta#39;s application of substantiveanbsp;...

Title:Rehabilitating Lochner
Author: David E. Bernstein
Publisher:University of Chicago Press - 2011-05-15

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