Rehabilitating Lochner: Defending Individual Rights against Progressive Reform

Rehabilitating Lochner: Defending Individual Rights against Progressive Reform

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<P>In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of <I>Lochner v. New York</I>. 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, <I>Rehabilitating Lochner </I>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 <I>Lochner</I> proponents as to the more expansive vision of its Progressive opponents.<BR> </P><P>Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, <I>Rehabilitating Lochner</I> argues not only that the court acted reasonably in <I>Lochner,</I> but that <I>Lochner</I> and like-minded cases have been widely misunderstood and unfairly maligned ever since.</P>