Books by David E. Bernstein

Offering a bold reinterpretation of American legal history, the author argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power.

A reevaluation of an infamous Supreme Court decision that provides a compelling survey of the history and background of Lochner v New York. It argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.