Catchword: Lochnerism
Part of Speech:
n. The part of speech reflects that used in the
full entry, and not necessarily the part of speech as it is used in the quotation below.
Quotation: She has written that she “initially accepted the conventional wisdom” that the doctrine used in Lochner was “a myth invented by judicial activists that were up to no good,” and that “Lochnerism is the strongest pejorative known to American law.” Brown now rejects that conventional wisdom, however, and she chides conservatives for their “dread” of judicial activism. In her words, it “dawned on me that the problem may not be judicial activism. The problem may be the world view—amounting to altered political and social consciousness—out of which judges now fashion their judicial decisions.”
Article or Document Title:
“Judicial Throwback”
Author:
Douglas T. Kendall, Timothy J. Dowling
Article, Document, Publication, Web Site:
Washington Post
Date of Publication:
Sept. 19, 2003
Page Number:
A25