Fall 2014
    Law No.: LAW9028
    Sched. No.: 114821855

Lochner Era*
Section 1
X
Cushman, Barry J.



Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):T, 1540-1740 (SL284)
Credits:3Type:Seminar
Capacity:12 **This information is current as of 08/29/2014 06:13:36 AM**
Current Enrollment:11 **This information is current as of 08/29/2014 06:13:36 AM**

Course Description:

This seminar will examine significant developments in the areas of constitutional law governing social and economic regulation in the so-called "Lochner Era," extending roughly from 1880 to 1940. Attention will be given to restrictions on and changes in the scope of the federal powers to tax, to spend, and to regulate interstate commerce, as well as to limitations placed upon state and federal regulatory competence by the Due Process Clauses of the Fifth and Fourteenth Amendments, the Equal Protection Clause, the Tenth Amendment, and the Dormant Commerce Clause. We will seek to understand how these limitations and developments presented both obstacles and opportunities to regulatory reformers, how they constrained and shaped their legal strategies, and why they succeeded or failed in securing their regulatory objectives. Each student will be required to produce a substantial research paper on a topic chosen in consultation with the instructor.

NOTE: Laptops prohibited during class sessions.

COURSE REQUIREMENT: A substantial research paper


This course is on the approved upper-level writing requirement course list.