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 a
state law limiting work hours and became the leading precedent
contending that novel economic regulations were unconstitutional.
Sure to be controversial, "Rehabilitating Lochner" argues that
despite the decision's reputation, it was well-grounded in
precedent - 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.
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