The Foot of All Knowledge explains:
Lochner v. New York, 198 U.S. 45 (1905), was a landmark United States Supreme Court case that held that “liberty of contract” was implicit in the Due Process Clause of the Fourteenth Amendment. The case involved a New York law that limited the number of hours that a baker could work each day to ten, and limited the number of hours that a baker could work each week to 60. By a 5–4 vote, the Supreme Court rejected the argument that the law was necessary to protect the health of bakers, deciding it was a labor law attempting to regulate the terms of employment, and calling it an “unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract.”
Lochner is one of the most controversial decisions in the Supreme Court’s history….[SNIP]
…and has until recently enjoyed a lousy reputation among the right-thinking (that is, the librul-Progressive, which is to say, not at all right-thinking) legal professoriate.
Professor Bernstein, along with Profs. Randy Barnett and Richard Epstein (as we inferred from his remarks in his last appearance on CCiZ) disagree on that, stout fellows that they are. They talk about legal esoterica such as Freedom of Contract and other stuff that is not for the tender and innocent ears of the Elite (or of various Union leaders or members and their legbreakers and enforcers).
David Bernstein is one of the contributors to Prof. Eugene Volokh’s law weblog The Volokh Conspiracy. (The Volokh Archives going back to 2002 are now found here.) Interviewer Josh Blackman is also an attorney and an Assistant Law Professor at the U. of South Texas. You can read his short summary of the interview at his website. You can also download the interview as a podcast there, watch the video there, click on over to Vimeo and watch it or download it as an mp4 there, or stay here and listen to the audio.