Rehabilitating Lochner

Defending Individual Rights against Progressive Reform

David E Bernstein author

Format:Hardback

Publisher:The University of Chicago Press

Published:20th May '11

Currently unavailable, and unfortunately no date known when it will be back

Rehabilitating Lochner cover

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.

"An exhilarating book full of interesting new perspectives. Rehabilitating Lochner will change the way people think about the transition from the late nineteenth century to the modern New Deal and Civil Rights regime. It does what good revisionist history should do: see what is familiar in new ways." (Jack M. Balkin, Yale Law School)"

ISBN: 9780226043531

Dimensions: 24mm x 17mm x 2mm

Weight: 454g

208 pages