The Latest Breaking News from Lochner

What Swift v. Tyson has to say to The Slaughter-House Cases

From his opinion yesterday in Bert Co. v. Turk (and see here how he applies this to the particular issue involved in that case, which is federal constitutional limits on state punitive damages awards); the opinion cites our own Randy Barnett many times: [I.] The United States Constitution protects unenumerated…

From Pennsylvania Supreme Court Justice David Wecht's concurrence yesterday in Bert Co. v. Turk (and see here for Justice Wecht's broader discussion of unenumerated rights): … While I have significant doubts about much of the jurisprudence that controls the present inquiry and that assigns punitive damage awards a federal "constitutional…

Prompt: Write an essay about Lochner v. New York in the style of David Bernstein Answer: Lochner v. New York is a landmark case that was decided by the United States Supreme Court in 1905. The case involved a challenge to a New York state law that regulated the working…