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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 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.
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