Apr 17, 2005
The Lochner Era, the New York Times. and Historical Myths
David E. Bernstein is on a roll. Over at Volokh, he systematically dissects Jeffrey Rosen's piece, "The Unregulated Offensive," which appeared in The New York Times Magazine. Rosen gets it wrong repeatedly in his analysis and description of the era of so-called laissez faire jurisprudence during the early twentieth century and the mythical"Constitution in Exile" movement. This lengthy blog is well-worth reading.