Thursday, December 13, 2018

Barnett on Lochner

Randy E. Barnett, Georgetown University Law Center, has posted After All These Years, Lochner Was Not Crazy — It Was Good, which appears in the Georgetown Journal of Law & Public Policy 16 (2018): 437-43
For this year’s Rosenkranz Debate, we have been asked to debate the question: Lochner v. New York: Still Crazy After All These Years? It is my job to defend the “negative” position. My burden is not to establish that Lochner was correctly decided, but merely that it was not “crazy.” I intend to meet that burden and exceed it. I intend to show how Lochner v. New York was not at all crazy; in fact, it was a reasonable and good decision.
H/t: Legal Theory Blog