Rehabilitating Lochner
★★★★★
★★★★★
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A01=David E. Bernstein
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Author_David E. Bernstein
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business
capitalism
Category1=Non-Fiction
Category=LAZ
civil liberty
constitution
contract
COP=United States
Delivery_Delivery within 10-20 working days
due process clause
economic regulation
employment
eq_isMigrated=2
government
history
individual rights
judicial activism
jurisprudence
labor
Language_English
law
legal system
libertarian
litigation
lochner v new york
nonfiction
PA=Available
politics
Price_€20 to €50
progressive
PS=Active
reform
segregation
sex discrimination
softlaunch
supreme court
trial
work hours
Product details
- ISBN 9780226004044
- Weight: 312g
- Dimensions: 16 x 23mm
- Publication Date: 23 Oct 2012
- Publisher: The University of Chicago Press
- Publication City/Country: US
- Product Form: Paperback
- Language: English
Delivery/Collection within 10-20 working days
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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 a state law limiting work hours and became the leading precedent contending that novel economic regulations were unconstitutional. Sure to be controversial, "Rehabilitating Lochner" argues that despite the decision's reputation, it 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.
David E. Bernstein is a 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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