Origin of the Phrase "Lochner Era"

[Fred Shapiro]

On Tue, 14 Jun 2005 DavidEBernstein at aol.com wrote:

> FYI, research has shown that the phrase started to be used around 1970,
> and was popularized by Prof. Gunther (who first used it in the 1970
> edition of his casebook, and used it much more in the 1975 edition)  
> and especially Prof.  Tribe--after the latter's treatise was published
> in 1978, with a whole section on the "Lochner era," use of the phrase
> took off. (He had previously used the phrase several times in his 1973
> Harvard foreword.)  Thanks to everyone who provided suggestions,

I'm surprised if this hasn't already been brought out, but Alan F. Westin 
referred to "the _Lochner_  era" at page 668 of his article, "The Supreme 
Court and Group Conflict: Thoughts on Seeing Burke Put Through the Mill," 
52 American Political Science Review 665 (1958).

Fred Shapiro


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