Is Lochner v New York constitutionally indefensible? It is commonly asserted that there are only four cases in American constitutional history that are beyond the pale: Dred Scott v. Sanford, Plessy v. Ferguson, Korematsu v United States, and Lochner v. New York. The stark contrast between decisions that have thwarted economic and social liberties and the one case that defends it, should itself be sufficient to explain why economic liberties today deserve increased constitutional protection. In this lecture, Professor Epstein will examine the yawning gulf between Lochner and these three other decisions.
Featuring:
- Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law
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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.
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