Document Type
Article
Publication Date
2005
ISSN
0006-8047
Publisher
Boston University School of Law
Language
en-US
Abstract
Have we come to bury Lochner, or to praise it? Lochner v. New York,' decided 100 years ago, gave its name to an era in which judges struck down popular statutes that regulated hours, wages, and conditions of work, on grounds that such labor regulations violated a constitutional liberty of contract. After 1937, Lochnerism and Lochnerizing were more or less uniformly condemned by judges and law professors alike. Recently, some scholars have tried to resurrect the Lochner approach, presumably as a way to render much of the twentieth-century regulatory state unconstitutional.
Recommended Citation
David J. Seipp,
Introduction
,
in
85
Boston University Law Review
671
(2005).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2714
Included in
Constitutional Law Commons, Contracts Commons, Courts Commons, Labor and Employment Law Commons