Rehabilitating Lochner Defending Individual Rights Against Progressive Reform

ISBN-10: 022600404X
ISBN-13: 9780226004044
Edition: 2012
List price: $22.50 Buy it from $16.94
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Description: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background ofLochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the  More...

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Book details

List price: $22.50
Copyright year: 2012
Publisher: University of Chicago Press
Publication date: 11/13/2012
Binding: Paperback
Pages: 208
Size: 6.00" wide x 8.75" long x 0.50" tall
Weight: 0.638

In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background ofLochner 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 precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas ofLochnerproponents 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 inLochner,but thatLochnerand like-minded cases have been widely misunderstood and unfairly maligned ever since.  

Acknowledgments
Introduction
The Rise of Liberty of Contract
The Lochner Case
Progressive Sociological Jurisprudence
Sex Discrimination and Liberty of Contract
Liberty of Contract and Segregation Laws
The Decline of Liberty of Contract, and the Rise of "Civil Liberties"
Lochner in Modern Times
Conclusion
Notes
Index

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