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Review Of Only One Place Of Redress: African Americans, Labor Regulations, And The Courts From Reconstruction To The New Deal, Brian D. Behnken

Brian D. Behnken

In Only One Place of Redress, David Bernstein contends that between 1890 and 1937 American courts aided black workers in labor disputes. The court did this by upholding the freedom of contract doctrine enshrined in Lochner v. New York, the 1905 case that invalidated legislation limiting the hours a baker could work. "Lochnerism" or "Lochnerian jurisprudence," as Bernstein calls it, benefited blacks by voiding discriminatory labor laws, and he illuminates how these labor regulations harmed African Americans. "The Supreme Court," he writes, "was relatively sympathetic to plaintiffs who challenged government regulations, especially occupational regulations, as violations of the implicit constitutional …