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.

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.
  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.    

In "Only One Place of Redress "David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks.
A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the "Lochner" era--with its emphasis on freedom of contract and private market ordering--actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism--and the triumph of the regulatory state--not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day.
Scholars and students interested in race relations, labor law, and legal
or constitutional history will be fascinated by Bernstein's daring--and controversial--argument.

The New Wigmore: A Treatise on Evidence is an authoritative guide with answers to evolving questions in civil and criminal litigation . The five volume series presents the same quality of research, thought, and analysis as the original Wigmore, creating a genuine present-day counterpart to the seminal evidence treatise. Volume 1: Selected Rules of Limited Admissibility, by David Leonard, provides a sophisticated framework for lawyers and judges to understand and apply the rules that exclude evidence for policy reasons. Included are extensive discussions of: The latest amendments to Federal Rule 408 Party-oriented limited admissibility in criminal cases The types of agreements that qualify as and#8220;Mary Carterand#8221; agreements Evidence of nolo contendere pleas when the party who entered the plea brings a civil action based on the same event Admissibility of evidence of investigations conducted by a party Remedial measures taken before the event giving rise to the action or taken by a third party, or required by a government authority The use of limiting instructions and proper timing The use the doctrine of and#8220;detrimental relianceand#8221; to enforce a plea agreement the government seeks to abolish The admissibility of settlement agreements that, if not disclosed, might lead to distorted fact-finding The propriety of informing the jury that there has been a settlement of claims involving a part Volume 2: Evidentiary Privileges, by Edward J. Imwinkelried, offers unique analysis of recent evidentiary problems including application of the attorney-client privilege to government agencies and corporate entities, and the difficulty of determining exactly who holds the privilege. In these two volumes, youand#8217;ll find also a practical framework for evaluating the existence or scope of new privileges, as well as coverage of issues like these: The common interest or joint defense privilege Skirmishes over the DOJand#8217;s policies regarding corporate waiver of attorney-client privilege Privilege for mediation proceedings Burns v. Commonwealth, where the Virginia Supreme Court sharply limited the protection for confidential spousal communications The latest cases recognizing a constitutional right to informational privacy Protections for journalists and who qualifies The governmental attorney-client privilege The First Circuit decision holding that in certain circumstances, even when an individual corporate officer has a personal attorney-client privilege with corporate counsel, the corporation may unilaterally waive the privilege The latest cases on the waiver consequences of inadvertent production during pretrial discovery Volume 3: Expert Evidence, by David H. Kaye, David E. Bernstein and Jennifer L. Mnookin, provides in depth coverage of the topics that lawyers and judges must know when dealing with expert testimony about medicine, engineering, psychology, economics, and forensic science, among other areas. It covers the topics common to all such testimony and focuses on scientific and statistical evidence, providing sophisticated and up-to-date explanations and analyses of: The principles and policies underlying all the approaches to admitting scientific evidence, from the traditional relevance standard to the most restrictive interpretations of the Supreme Court's watershed opinion in Daubert v. Merrell Dow Pharmaceuticals. An in-depth look at the continuing importance and practical operation of the Frye standard. Qualifications for expert witnesses. Permissible subject matter and al