Teaching the Lochner Era

62 St. Louis U. L.J. 537 (2018)

Notre Dame Law School Legal Studies Research Paper No. 1845

33 Pages Posted: 24 Jul 2018

Date Written: June 26, 2018


This article, prepared for the St. Louis University Law Journal's issue on “Teaching the Fourteenth Amendment,” develops a taxonomy of the Supreme Court's economic substantive due process jurisprudence during the so-called “Lochner Era” of the late-19th and early-20th centuries, and offers an assessment of the trajectory and mechanisms of the decline of that body of doctrine.

Keywords: Lochner Era, Lochner v. New York, switch-in-time, substantive due process, Nebbia v. New York, West Coast Hotel v. Parrish, liberty of contract, A-to-B laws, price regulation, rate regulation, minimum wage, Lochner revisionism

JEL Classification: K30

Suggested Citation

Cushman, Barry, Teaching the Lochner Era (June 26, 2018). Notre Dame Law School Legal Studies Research Paper No. 1845 . Available at SSRN: https://ssrn.com/abstract=3203017

Barry Cushman (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

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