Lochner V. New York
  • Lochner V. New York
  • Lochner V. New York
ISBN: 0700609199
EAN13: 9780700609192
Language: English
Release Date: Oct 30, 1998
Pages: 226
Dimensions: 0.6" H x 7.9" L x 5.6" W
Weight: 0.65 lbs.
Format: Paperback
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Book Overview

Lochner v. New York (1905), which pitted a conservative activist judiciary against a reform-minded legislature, remains one of the most important and most frequently cited cases in Supreme Court history. In this concise and readable guide, Paul Kens shows us why the case remains such an important marker in the ideological battles between the free market and the regulatory state.

The Supreme Court's decision declared unconstitutional a New York State law limiting bakery workers to no more than ten hours per day or sixty hours per week. By evoking its police power, the state hoped to eliminate the employers' abuse of these workers. But the 5-4 majority opinion, authored by Justice Rufus Peckham and renounced by Justice Oliver Wendell Holmes, cited the state's violation of due process and the right of contract between employers and employees, which the majority believed was protected by the Fourteenth Amendment.

Critics jumped on the decision as an example of conservative judicial activism promoting laissez-faire capitalism at the expense of progressive reform. As series editors Peter Hoffer and N.E.H. Hull note in their preface, the case also raised a host of significant questions regarding the impetus of state legislatures to enter the workplace and regulate hours, wages, and working conditions; of the role of courts as monitors of the constitutionality of Read More chevron_right

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Landmark Law Cases and American Society Series In Order - By Paul Kens

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