Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform

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University of Chicago Press, May 15, 2011 - History - 194 pages
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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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Contents

Introduction
1
The Rise of Liberty of Contract
8
The Lochner Case
23
Progressive Sociological Jurisprudence
40
Sex Discrimination and Liberty of Contract
56
Liberty of Contract and Segregation Laws
73
The Decline of Liberty of Contractand the Rise of Civil Liberties
90
Lochner in Modern Times
108
Conclusion
125
Notes
131
Index
187
Copyright

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About the author (2011)

  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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