Rehabilitating Lochner: A Conversation with David Bernstein




Liberty Law Talk  show

Summary: <a href="https://www.lawliberty.org/2012/05/20/rehabilitating-lochner-a-conversation-with-david-bernstein/"></a>In the next Liberty Law Talk I discuss with David Bernstein of the George Mason University School of Law his excellent work of constitutional history Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform. The Lochner decision, of course, is a progressive teaching moment in the American legal academy. Virtually any constitutional law course will teach the case as an exercise in laissez-faire fundamentalism that refused to permit sensible labor regulations on behalf of industrial laborers. Fortunately, students are told, it is a constitutional moment that has been superceded by New Deal jurisprudence that upholds virtually any regulation of economic activity.<br> <br> Professor…<a class="moretag" href="https://www.lawliberty.org/2012/05/20/rehabilitating-lochner-a-conversation-with-david-bernstein/">Read More</a>