In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner 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.

Rehabilitating Lochner: Defending Individual Rights against Progressive Reform

History

Bernstein, David E.

Americas

University of Chicago Press

In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. 
Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner 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.

Leonard, David P., Imwinkelried, Edward J., Kaye, David H., Mnookin, Jennifer L., Bernstein, David E.

The New Wigmore: A Treatise on Evidence: Evidence of Other Misconduct and Similar Events

Imwinkelried, Edward J.

Kaye, David H.

Leonard, David P.

Law Practice

Wolters Kluwer/Law & Business

Expert Evidence provides in-depth coverage of the topics that lawyers and judges must know when dealing with expert testimony concerning medicine, engineering, psychology, economics, and forensic science, among other areas. It covers the topics common to all such testimony and focuses on scientific and statistical evidence, providing sophisticated and up-to-date explanations and analyses of: <ul>
<li>The principles and policies underlying all the approaches to admitting scientific evidence, from the traditional relevance standard to the most restrictive interpretations of the Supreme Court's watershed opinion in Daubert v. Merrell Dow Pharmaceuticals</li> <li>An in-depth look at the continuing importance and practical operation of the Frye standard </li> <li>Qualifications for expert witnesses </li> <li>Permissible subject matter and allowable bases for expert testimony</li> <li>The learned treatise exception to the hearsay rule </li> <li>The impact of evidence-based medicine and more rigorous legal standards for proof of causation in product liability and medical malpractice cases </li> Of immense value in civil and criminal litigation, this resource is packed with authoritative answers to your most pressing admissibility questions, providing: <ul>
<li>The only extensive treatment showing you how to invoke the exceptions to the exclusionary rules in both federal and state courts </li> <li>The most up-to-date analysis of these crucial and complex evidentiary rules, with hundreds of cases and the latest state codifications as well as thorough background, so you can underpin your argument with powerful support </li> <li>Expert guidance on framing limiting-instructions to protect a party from jury misuse of evidence </li> <li>Extensive breakdown into subsections, so you can find the specific material you need quickly and easily </li> </ul>
Filled with practice-proven insights and guidance, Expert Evidence enables you to: <ul>
<li>Master the underlying legal principles of expert evidence as they apply to your case </li> <li>Formulate novel arguments based on solid precedent </li> <li>Validate expert evidence in products liability, medical malpractice, criminal forensics, criminal prosecutions, criminal defense, and appellate matters </li> <li>Identify statistical fallacies quickly and easily </li> <li>Find vital information and development winning strategies using numerous tables, charts, and graphs Expert Evidence deals with the ideas behind the cases in a sophisticated way</li> </ul>
</ul>

The New Wigmore: A Treatise on Evidence - Expert Evidence

Mnookin, Jennifer L.

Aspen Publishers

In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he 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. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks. A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the Lochner era—with its emphasis on freedom of contract and private market ordering—actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism—and the triumph of the regulatory state—not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day. Scholars and students interested in race relations, labor law, and legal or constitutional history will be fascinated by Bernstein’s daring—and controversial—argument.

Only One Place of Redress: African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Constitutional Conflicts)

Legal History

Duke University Press Books

In Lawless, George Mason University law professor David E. Bernstein provides a lively, scholarly account of how the Obama administration has undermined the Constitution and the rule of law. Lawless documents how President Barack Obama has presided over one constitutional debacle after anotherObamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; and many more. Violating his own promises to respect the Constitution’s separation of powers, Obama brazenly ignores Congress when it won’t rubber-stamp his initiatives. We can’t wait,” he intones when amending Obamacare on the fly or signing a memo legalizing millions of illegal immigrants, as if Congress doing its job as a coequal branch of government somehow permits the president to rule like a dictator, free from the Constitution’s checks and balances. President Obama has also presided over the bold and rampant lawlessness of his underlings. Harry Truman famously said, The buck stops here.” When confronted with allegations that his administration’s actions are illegal, Obama responds, So sue me.” Lawless shows how President Obama has betrayed not only the Constitution but also his own stated principles. In the process, he has done serious and potentially permanent damage to our constitutional system. As America swings into election season, it will have to grapple with finding a president who can repair Obama’s lawless legacy.

Lawless: The Obama Administration's Unprecedented Assault on the Constitution and the Rule of Law

Encounter Books

A call for the separation of race and state, backed by a deep dive into the surreal world of racial classification in America. Americans are understandably squeamish about official racial and ethnic classifications. Nevertheless, they are ubiquitous in American life. Applying for a job, mortgage, university admission, citizenship, government contracts, and much more involves checking a box stating whether one is Black, White, Asian, Hispanic, or Native American. While reviewing the surprising history of American racial classifications, Classified raises questions about the classifications' coherence, logic, and fairness; for example: * Should Pakistani, Chinese, and Filipino Americans be in the same category despite their obvious differences in culture, appearance, religion, and more? * Why does the government not allow Americans to classify themselves as bi- or multi-racial? * How did the government decide that a dark-complexioned, burka-wearing Muslim Yemini should be classified as generically white, but a blond-haired, blue-eyed immigrant from Spain should be classified as Hispanic and treated as a member of a minority group? * Why does the government require biomedical researchers to classify study participants by the official racial categories, when the classifications have no scientific basis? In an increasingly diverse society with high rates of intergroup marriage, the American system of racial classification is getting even more arbitrary and absurd. With rising ethno-nationalism threatening democracy around the world, it's also dangerous. Classified argues that the time has come to consider abolishing official racial classification and replace it with the separation of race and state.

Classified: The Untold Story of Racial Classification in America

Politics & Social Sciences

Anthropology

Bombardier Books

Social Sciences

See the best price to sell, buy, or rent books by Bernstein, David E.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Bernstein, David E.

See the best price to sell, buy, or rent books by Bernstein, David E.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Rehabilitating Lochner: Defending Individual Rights against Progressive Reform

Rehabilitating Lochner: Defending Individual Rights against Progressive Reform

The New Wigmore: A Treatise on Evidence: Evidence of Other Misconduct and Similar Events

The New Wigmore: A Treatise on Evidence - Expert Evidence

Only One Place of Redress: African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Constitutional Conflicts)

Lawless: The Obama Administration's Unprecedented Assault on the Constitution and the Rule of Law

Classified: The Untold Story of Racial Classification in America

Classified: The Untold Story of Racial Classification in America