An Extraordinary Fact about Lochner: I am doing final editing on an article in which I state that “between the demise of Lochner in West Coast Hotel v. Parrish in 1937 and the publication of Bernard Siegan’s Economic Liberties and the Constitution in 1980, only a single article that expressed even mild support for Lochner was published. See Guy Miller Struve, The Less-Restrictive-Alternative Principle and Economic Due Process, 80 HARV. L. REV. 1463 (1967) (proposing a moderate application of economic due process and criticizing the Court for completely abandoning constitutional review of regulations).” If you have contrary information, please let me know.
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