Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform
George Mason University professor of constitutional law David Bernstein will join Penn State Law students and faculty to discuss the infamous Supreme Court decision Lochner v. New York, the subject of his 2011 book Rehabilitating Lochner.
The 1905 Lochner decision overturned state laws concerning work hour limitations and became an important precedent against new economic regulations. Professor Bernstein will discuss this case and its impact, arguing the decision was grounded in existing precedent and its limited-government approach has had an important and widely misunderstood influence on modern constitutional law.
Penn State Law Professor David Flatto will also provide a commentary on the traditional understanding of Lochner following Professor Bernstein's remarks. Lunch will be served outside the Courtroom. This event is presented by the Penn State Law Federalist Society.