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Rehabilitating Lochner

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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2 Responses

  1. Mike Zimmer says:

    IMHO Lochner was wrong because the Court failed to allow state legislatures to consider adhesion power in contracts as a reason for regulation. Should Lochner be rehabilitated by turning it into a weapon of consumers/employees to attack legislation that has been only enacted because of special interest pressures? Thus, Caroline Products and Lee Optical could arguably go the other way if it could be shown that the laws there were simply the product of special interest push by Carnation in one and the opthamologists in the other. Interesting.

  2. Shag from Brookline says:

    Rehabilitating Lochner woud have what impact on subsequent decisions that had tarnished Lochner? Would it restore Randy Barnett’s lost Constitution? Does the author make clear his goals for such rehabilitating?