Rehabilitating Lochner

Rehabilitating Lochner

4.11 - 1251 ratings - Source



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, http://www.fed-soc.org/Publications/ 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
ISBN-13:

You must register with us as either a Registered User before you can Download this Book. You'll be greeted by a simple sign-up page.

Once you have finished the sign-up process, you will be redirected to your download Book page.

How it works:
  • 1. Register a free 1 month Trial Account.
  • 2. Download as many books as you like (Personal use)
  • 3. Cancel the membership at any time if not satisfied.


Click button below to register and download Ebook
Privacy Policy | Contact | DMCA