In lieu of a Sunday book review post, I’ll just note my
appreciation of The History and Implications of Lochner v. New York, Paul Kens’s review for H-Law of David E. Bernstein’s Rehabilitating Lochner: Defending Individual Rights against Progressive Reform. I thought Professor Kens avoided the many pitfalls that await the
reviewer of a book on a topic that the reviewer has already addressed at book length. By giving Rehabilitating Lochner the respect it deserves, even as
he pointed out his disagreements with it, he has made it easier for the rest of
us to make up our own minds about the interpretations he and Professor Bernstein
offer of a landmark of American constitutional history.
Sunday, June 9, 2013
Kens on Bernstein on Lochner
In lieu of a Sunday book review post, I’ll just note my
appreciation of The History and Implications of Lochner v. New York, Paul Kens’s review for H-Law of David E. Bernstein’s Rehabilitating Lochner: Defending Individual Rights against Progressive Reform. I thought Professor Kens avoided the many pitfalls that await the
reviewer of a book on a topic that the reviewer has already addressed at book length. By giving Rehabilitating Lochner the respect it deserves, even as
he pointed out his disagreements with it, he has made it easier for the rest of
us to make up our own minds about the interpretations he and Professor Bernstein
offer of a landmark of American constitutional history.
