Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform

Paperback | November 13, 2012

byDavid E. Bernstein

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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.
 

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.

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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 c...

 David E. Bernstein is Foundation Professor at the George Mason University School of Law and the author of several books, including, most recently, You Can’t Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws.

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Format:PaperbackDimensions:208 pages, 9 × 6 × 0.8 inPublished:November 13, 2012Publisher:University Of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:022600404X

ISBN - 13:9780226004044

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Table of Contents

Acknowledgments
Introduction

1. The Rise of Liberty of Contract
2. The Lochner Case
3.  Progressive Sociological Jurisprudence
4. Sex Discrimination and Liberty of Contract
5. Liberty of Contract and Segregation Laws
6. The Decline of Liberty of Contract, and the Rise of “Civil Liberties”
7. Lochner in Modern Times

Conclusion
Notes
Index

Editorial Reviews

“This well-written book is destined to be influential and controversial. . . . It is concise, lively, and one of the best examples of libertarian thinking about the Supreme Court’s role in limiting economic regulation.”