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9780226004044

Rehabilitating Lochner

by
  • ISBN13:

    9780226004044

  • ISBN10:

    022600404X

  • Edition: Reprint
  • Format: Paperback
  • Copyright: 2012-11-13
  • Publisher: Univ of Chicago Pr
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Summary

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 Lochnerargues that the decision was well grounded in precedentand that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochnerproponents 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 Lochnerargues not only that the court acted reasonably in Lochner,but that Lochnerand like-minded cases have been widely misunderstood and unfairly maligned ever since.

Supplemental Materials

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