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- Rehabilitating Lochner
Rehabilitating Lochner
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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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