Effects Of Lochner Vs New York Economic Regulations On Trial

Lochner v. New York: Economic Regulation on Trial is Paul Kens’ 1998 concise investigation of the Supreme Court’s controversial ruling in Lochner vs. New York case, which gives a complete understanding of the history that lead up to the case and the impact of the ruling. Kens gives a comprehensive account of the many issues that were involved in the Supreme Court’s ruling, including the history that lead up to the case, its effects on later cases, and the overall belief of critics that the justices promoted laissez-faire capitalism and social Darwinism. This book is readable for a wide range of readers from high school level readers to those well versed in legal codes and proceedings. Most learners would find good use of this easy to understand summary of the Lochner v. New York case.

In 1905, the United States Supreme Court ruled that the state of New York had violated the Fourteenth Amendment when it passed a law that limited the working hours of bakery employees. After the 5 to 4, ruling Justice Rufus Peckham wrote the court opinion on for this highly debated case. Peckham and

New York, the Supreme Court ruled on many different cases that surrounded states’ involvement in economics and business industry. Kens details how all these cases effected Lochner v. New York. In the book, Kens addresses the debate that many believe that the Supreme Court used laissez faire ideas to rule, Kens states that the court at the time upheld state regulatory measures more often than overturning them. However, Kens does give an overall sense that the court under Fuller did follow the ideas of social Darwinism, illustrating that after changes in justices the Supreme Court would rule in favor of regulations similar to the Lochner case. Kens concludes with the effects Loch v. New York had on later cases and how there is still a debate as to whether the court ruled fairly, using the Fourteenth Amendment to overrule state legislation on workplace