The Lochneress Monster: The Evolving Fear of Lochnerism and its Continued Value for American Jurisprudence

Abstract

This Note will canvas the history and legacy of Lochner v. New York, and examine the effect that Lochnerism has had on American judges.  It will discuss the Lochneress Monster, a new name for a familiar idea, and it will focus on how Lochnerism is utilized as an argumentative tool.  Finally, the Note will discuss the importance of continuing to give Lochnerism the measured apprehension that it deserves