
The Lochner Court, Myth and Reality
Description
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The book attacks three familiar normative criticisms of the Lochner Court. It accerts that (1) the Court's substantive due process decisions almost certainly were not motivated by a conscious desire to assist business by suppressing social legislation; only sometimes did the justices' nostalgia for laissez-faire lead to this result; (2) the conservative justices' understanding of business and government often exceeded that found in the typical Brandeis Brief; and (3) most applications of Lochner-era substantive due process cannot readily be described as illegitimate assertions of judicial power lacking justification in the due process clauses.
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Person
Content
The Conventional Wisdom
An Overview of Lochner-Era Susbstantive Due Process
What Motivated the Old Court?
The Question of Unequal Bargaining Power
The Originalist Challenge
Summing Up and Looking Ahead
Bibliography
Index
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