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Rehabilitating Lochner - Defending Individual Rights against Progressive Reform PDF

201 Pages·2011·4.044 MB·English
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by David E. Bernstein| 2011| 201 pages| 4.044| English

About Rehabilitating Lochner - Defending Individual Rights against Progressive Reform

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.

Detailed Information

Author:David E. Bernstein
Publication Year:2011
ISBN:9780226043531
Pages:201
Language:English
File Size:4.044
Format:PDF
Price:FREE
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