Two New Reviews

Daniel Holt of the Federal Judicial Center reviews Rehabilitating Lochner for the H-South discussion list. (“An important contribution to the history of constitutional law and the Progressive era. The book is a valuable corrective to the work of historians who might reflexively sympathize with the Progressives and the criticisms of the Lochner decision.”)  At H-South’s request, I wrote a short response, and Holt responds to my response here.

The book is also the subject of a more critical book review in Texas Law Review’s “Dicta” on-line journal.  Author Jamie Fletcher concedes that the book is “beautifully written,” but concludes that I ultimately failed in what he asserts are my normative goals.  Given that I actually disagree with many of the positions that Fletcher  attributes to me (such as believing that “libertarianism is the only legitimate theory of constitutionalism”–I doubt it’s even a legitimate interpretive theory for the American Constitution) and certainly didn’t advocate these positions in the book, I happily plead guilty to failing to persuade readers on those points.

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