Lochner V New York

Author: Paul Kens
Publisher:
ISBN: 9780700609192
Size: 80.48 MB
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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.

Courts In Federal Countries

Author: Nicholas Aroney
Publisher: University of Toronto Press
ISBN: 1487500629
Size: 25.45 MB
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the peonage cases,115 which struck down state laws limiting the ability of black
workers to leave their jobs, and Buchanan v. Warley, a 1917 decision striking
down residential segregation laws.116 Judicial review of state laws in the
nineteenth and early twentieth centuries is perhaps best known for the “Lochner
era” of invalidation of state economic regulations, named after Lochner v. New
York,117 a 1905 case striking down a New York law imposing maximum hours
for bakers under ...

The Social History Of Crime And Punishment In America

Author: Wilbur R. Miller
Publisher: SAGE Publications
ISBN: 1483305937
Size: 39.85 MB
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According to Progressive critics, Lochner represented an abuse of judicial power
for failing to allow legislatures enough discretion to address modern economic
problems. After Lochner, states and the federal government attempted ... New
York: Economic Regulation on Trial. Lawrence: University of Kansas Press, 1998.
Lochner v. New York, 198 U.S. 45 (1905). McCloskey, Robert G. and Sanford
Levinson. The American Supreme Court. Chicago: University of Chicago Press,
2010.

Justice Stephen Field

Author: Paul Kens
Publisher:
ISBN:
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Paul Kens shows how Field ascended to such prominence, what influenced his legal thought and court opinions, and why both are still very relevant today.

The Human Body On Trial

Author: Lynne Curry
Publisher: ABC-CLIO
ISBN: 1576073491
Size: 62.36 MB
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A challenging collection of essays exploring legal concepts of bodily autonomy,
including an insightful analysis of Jacobson v. Massachusetts. Irons, Peter. 1999.
A People's History of the Supreme Court. New York: Penguin Books. Examines
constitutional development from the perspective of the individuals whose cases
shaped this history. Kens, Paul. 1998. Lochner v. New York: Economic
Regulation on Trial. Lawrence: University of Kansas Press. Provides interesting
information on ...

The Encyclopedia Of New York State

Author: Peter R. Eisenstadt
Publisher: Syracuse University Press
ISBN: 9780815608080
Size: 73.25 MB
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Because of the Court's continued use of the theory developed in Lochner to
overrule state attempts to regulate economics matters, the next several decades
of constitutional history became known as the laissez-faire era or the Lochner era
. Although Lochner was overruled by West Coast Hotel v Parrish (1937), it
endures as a touchstone in the debate over the power of the Court relative to
popular will. Kens, Paul. Lochner v New York: Economic Regulation on Trial (
Lawrence: Univ ...

The Pursuit Of Justice

Author: Kermit L. Hall
Publisher: Oxford University Press
ISBN: 0195311892
Size: 14.69 MB
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Chapter 7: The Rights of Labor and the Rights of Women Gillman, Howard. The
Constitution Besieged: The Rise and Demise of Lochner Era Police Powers
Jurisprudence. Durham, N.C.: Duke University Press, 1993. Kens, Paul. Judicial
Power and Reform Politics: The Anatomy of Lochner v. New York. Lawrence:
University Press of Kansas, 1990. Kens, Paul. Lochner v. New York: Economic
Regulation on Trial. Lawrence: University Press of Kansas, 1998. Woloch, Nancy.
Muller v.

A Time To Embrace

Author: William Stacy Johnson
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802866956
Size: 67.15 MB
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New York, 198 U.S. 43 [1905], which struck down, on freedom-of-contract
grounds, a protective law requiring that bakers work no more than 60 hours a
week). For a social analysis ofthe issues, see Paul Kens, Lochner v. New York:
Economic Regulation on Trial, Landmark Law Cases and American Society (
Lawrence: University Press of Kansas, 1998). In the famous “footnote four” of
Carolene Products, Chief Justice Stone indicated that laws passed by Congress
are to be afforded a ...

Historic U S Court Cases

Author: John W. Johnson
Publisher: Routledge
ISBN: 1135955948
Size: 53.42 MB
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New York: Macmillan, 1993. Gillman, Howard. The Constitution Besieged: The
Rise and Demise of Lochner Era Police Power Jurisprudence. Durham, NC:
Duke University Press, 1993. Groat, George Gorham. “The Eight Hour and
Prevailing Rate Movement in New York State.” Political Science Quarterly 21 (
1906):414–433. Kens, Paul. Lochner v. New York: Economic Regulation on Trial.
Lawrence: University Press of Kansas, 1998. Urofsky, Melvin I. “State Courts and
Protective ...

Gender Remade

Author: Sandra F. VanBurkleo
Publisher: Cambridge University Press
ISBN: 1107098025
Size: 14.58 MB
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On liberty of contract, see Paul Kens, Judicial Power and Reform Politics: The
Anatomy of Lochner v. New York (Lawrence, KS, 1990), abridged as Lochner v.
New York: Economic Regulation on Trial (Lawrence, KS, 1998). For
reconsideration, see Howard Gillman, The Constitution Besieged: The Rise and
Demise of Lochner Era Police Powers Jurisprudence (Durham, NC, 1992), and
David E. Bernstein, Rehabilitating Lochner (Chicago, IL, 2011). For a recasting of
relations between ...