Wednesday, July 25, 2018

Cushman on Teaching the "Lochner Era"

"A Very Insanitary Cellar Bakery" (NYPL)
Barry Cushman, Notre Dame Law School, has posted Teaching the Lochner Era, which appears in the St. Louis University Law Journal 62 (2018): 537-567:
This article, prepared for the St. Louis University Law Journal's issue on “Teaching the Fourteenth Amendment,” develops a taxonomy of the Supreme Court's economic substantive due process jurisprudence during the so-called “Lochner Era” of the late-19th and early-20th centuries, and offers an assessment of the trajectory and mechanisms of the decline of that body of doctrine.