This book challenges the orthodox view of Lochner v. New York as a politically motivated judicial coup that ushered in an era of laissez-faire constitutionalism. In Rehabilitating Lochner, Professor David E. Bernstein has produced a serious and significant work of historical revisionism, one intended to enrich our understanding of substantive due process analysis under the Fourteenth Amendment. Bernstein‘s special focus is constitutional protection for liberty of contract: whence it came, how it applied, and where it led. He does not, however, undertake the task of showing that Lochner was correctly decided or that its theory of judicial review was sound…

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About The Author

Tom Bowden

Analyst and Outreach Liaison, Ayn Rand Institute