Home » Articles » Volume 36 » Issue 3 » Regulatory Reform: The New Lochnerism?


Regulatory Reform: The New Lochnerism?

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This Article explores the question of whether contemporary regulatory reformers’ attitudes toward government regulation have anything in common with those of the Lochner era Court. The allegiance both groups share to neutral law guided by cost-benefit analysis raises fresh questions about the regulatory reform debate. For allegiance to neutral law seems out of step with post-Lochner recognition of the legitimacy of legislative value choices.


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