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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform

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ISBN13: 9780226004044
Published: October 2012
Publisher: The University of Chicago Press
Country of Publication: USA
Format: Paperback
Price: £16.00



Despatched in 8 to 10 days.

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.