Rehabilitating Lochner: Defending Individual Rights against Progressive Reform
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 a...more
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This book gathers and carries forward a lot of the counter-historical work done to try and roll back a lot of the Lochner v. New York hate we've all been spoon-fed in law school. He does a great job with the history of the case and the intellectual t ...more
In Lochner v. New York, the Supreme Court famously invalidated a state law that limited the nu ...more
"Progressive lawyers [before WWII] believed that judges' legalistic constitutional justifications for invalidating reform legislation [like in the case of Lochner v. New York] masked their underlying individualistic policy preferences...Judges' refusal to acknowledge their (incorrect) background assumptions so that they could be corrected by Progressive reformers justified stripping them of all discretion. [Judge Learned] Hand and [Justice] Frankfurter both wrote unsigned edito ...more
but it doesn't mean that baker shouls necessarily be unregulated.
some of the revisionism makes sense, though-about Lochner's shadow growing over time. but that's like 40 ...more