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BERNSTEIN, DAVID E. Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform.
University of Chicago Press, Chicago and London: 2011. h Hardcover with dustjacket. Brand new book.
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 precedentÑand 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. "An exhilarating book full of interesting new perspectives. Rehabilitating Lochner will change the way people think about the transition from the late nineteenth century to the modern New Deal and Civil Rights regime. It does what good revisionist history should do: see what is familiar in new ways."ÑJack M. Balkin, Yale Law School "David Bernstein drives home powerfully and convincingly the fact that the supporters of Lochner were the biggest proponents of protecting the personal rights of African Americans, Roman Catholics, and other minorities. Rehabilitating Lochner will have a profound impact on constitutional law scholarship."ÑWilliam E. Nelson, New York University "A terrific work of historical revisionism, Rehabilitating Lochner brings out some attractive resonances in libertarian themes associated with the widely disparaged constitutional jurisprudence of the period from 1905 to 1937, and some discordant undertones to the Progressive themes sounded during that period. It should induce some changes in the way many students and scholars read the cases from that period."ÑMark Tushnet, Harvard Law School "As every law student knows, Lochner was a case in which a court packed with business sympathizers stuck it to the little guy in a shameless display of judicial activism. But, like a surprisingly large number of things everyone knows, this conventional wisdom is almost entirely wrong, and David E. Bernstein's new book, Rehabilitating Lochner, makes clear just how wrong it is Ñ and how and why the Lochner narrative became established in the legal academy. . . . The false narrative of Lochner has controlled the past for decades but Bernstein's clear and incisive work may wrest that control away and move us back to the truth." Ñ Glenn Reynolds, Commentary "[Bernstein] attempts the grand task of "correcting decades of erroneous accounts" and succeeds with aplomb, and notable timeliness. The story of how Joseph Lochner fought legislators and unions to bake his goods in freedom goes especially well with tea." Ñ National Review "Rehabilitating Lochner is intellectual history in its highest form. . . . Bernstein has done nothing less than explode the myth of Lochner, a decision that any pro-liberty student of American constitutional law should embrace. This is a book that will transform the way constitutional law is understood for years to come." Ñ EH.net
Price:
45.00 USD
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