Lochner

Similarly, my understanding of the baseball exemption is that it originated in Lochner-era decisions that had a more limited view of commerce that could be regulated by federal law than what we have today.

The Volokh Conspiracy » The First Amendment and Advertisements of Legal Prostitution 2010

I also was curious how your research affects arguments that the law at issue in Lochner was a special interest, rent-seeking law.

The Volokh Conspiracy » Lochner v. New York as a Test Case 2010

Similarly, my understanding of the baseball exemption is that it originated in Lochner-era decisions that had a more limited view of commerce that could be regulated by federal law than what we have today.

The Volokh Conspiracy » The First Amendment and Advertisements of Legal Prostitution 2010

I'm pretty convinced that Lochner is not nearly as bad a decision as some would have it, and I think recent scholarship supports me.

Is That Legal?: Who's to Blame? 2006

Now, finally, to Allen's question: How could a person endorse some aspect of the Court's approach to economic liberty cases in Lochner without tearing down the modern administrative welfare state?

IsThatLegal? 2003

In short, I’ve heard claims that the hours limit at issue in Lochner was lobbied for by larger, established bakeries who work two shifts of bakers for relatively shorter hours, and were concerned about competition from upstart bakeries who had less business and thus ran only one shift of bakers, but for longer hours.

The Volokh Conspiracy » Lochner v. New York as a Test Case 2010

So here we have an individual who lived in Lochner’s home, who resented the union for interfering in his relationship with Lochner, who was friendly enough with Lochner to travel with him, who was a former bakery owner himself, and whose family was proud enough of his service as a Lochner employee to have it mentioned in his obituary.

The Volokh Conspiracy » Lochner v. New York as a Test Case 2010

I think it’s perfectly consistent with the kind of reasoning employed in Lochner as cabined in light of Carolene Products footnote 4 ...

The Volokh Conspiracy » D.C. Circuit Panel Rejects, on Procedural Grounds, Challenges to Religious Elements of the Inauguration 2010

Finally, Schmitter’s 1941 obituary noted his long employment in Lochner’s bakery.

The Volokh Conspiracy » Lochner v. New York as a Test Case 2010

In short, I’ve heard claims that the hours limit at issue in Lochner was lobbied for by larger, established bakeries who work two shifts of bakers for relatively shorter hours, and were concerned about competition from upstart bakeries who had less business and thus ran only one shift of bakers, but for longer hours.

The Volokh Conspiracy » Lochner v. New York as a Test Case 2010