Course Home Page for Lochner Era

Fall 2008
Law No.: LAW7874
Sched. No.: 3015a

Lochner Era*
Section 0001
X
Cushman, Barry

Administrative Information:

Days, Times (Room):	W, 1600-1800 (WB 116)
Credits:	3	Type:	Seminar
Capacity:	12^{This information is current as of}^{08/28/2008 01:57:36 AM}^
Current Enrollment:	12 ^{This information is current as of}^{08/28/2008 01:57:36 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.

COURSE REQUIREMENT: A substantial research paper