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In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
How the West Was Drawn explores the geographic and historical experiences of the Pawnees, the Iowas, and the Lakotas during the European and American contest for imperial control of the Great Plains during the eighteenth and nineteenth centuries. David Bernstein argues that the American West was a collaborative construction between Native peoples and Euro-American empires that developed cartographic processes and culturally specific maps, which in turn reflected encounter and conflict between settler states and indigenous peoples. Bernstein explores the cartographic creation of the Trans-Mississippi West through an interdisciplinary methodology in geography and history. He shows how the Pawn...
Susan Bernstein examines the gendered power relationships embedded in confessional literature of the Victorian period. Exploring this dynamic in Charlotte Bronta's Villette, Mary Elizabeth Braddon's Lady Audley's Secret, George Eliot's Da
In a misguided attempt to eradicate every vestige of "discrimination" in our society, activists and courts are using antidiscrimination laws to erode civil liberties such as free speech, the free exercise of religion, and freedom of association. Civil rights laws today are being applied in ways that threaten free speech on campus and in the workplace, the right of local community activists to speak out against government policies, the rights of private associations such as the Boy Scouts to determine their membership policies, and even the rights of individuals to choose their roommates.
A witch's curse from beyond the grave! Witch Island used to be feared. Even the bravest would not dare go there. Legend said a witch had been burned alive at the stake, and upon her death she cursed the town. Terrified residents performed rituals to keep her spirit trapped on the island where she was buried. Now, over a hundred years later, a group of high school seniors have decided to forgo the local graduation parties and have a small gathering of their own–on Witch Island. They don't fear the legends. They scoff at them. But the group will soon learn these particular legends are nothing to scoff at. And Witch Island will prove far worse than they could have ever imagined.
“David Bernstein has written an important book which deserves to be read widely and be thoroughly discussed in our community. This book is a powerful defense of liberal values….Bernstein’s treatment is nuanced and respectful, showing understanding for the goals even as he critiques the methods of woke culture and shows us cases where it leads to antisemitism.” –Rabbi Yitz Greenberg, American scholar, author and rabbi “In every age, hatred of Jews cloaks itself in different moral garb. Today’s fashion goes by many names, Wokeism, Social Justice, Critical Social Justice, etc., but the historical commonalities are unmistakable—as are its ineluctable prescriptions. In clear, plai...
We're losing tens of billions of dollars a year on broken software, and great new ideas such as agile development and Scrum don't always pay off. But there's hope. The nine software development practices in Beyond Legacy Code are designed to solve the problems facing our industry. Discover why these practices work, not just how they work, and dramatically increase the quality and maintainability of any software project. These nine practices could save the software industry. Beyond Legacy Code is filled with practical, hands-on advice and a common-sense exploration of why technical practices such as refactoring and test-first development are critical to building maintainable software. Discove...
The power to "Push" can alter reality. This ability makes seventeen-year-old Kaylin a high-value target. Thirty years after greed and corruption tore American society a∂ relentless sector groups recruit powerful youths, often by force, to mold the populace to expand their reach. Kaylin has been on the run, hiding her untapped abilities for six years, but rescuing a mysterious young man risks exposing the depths of her power. Life has never been easy, but fighting back is even harder. This harsh, new world will no longer allow her to remain hidden.
In Lawless, George Mason University law professor David E. Bernstein provides a lively, scholarly account of how the Obama administration has undermined the Constitution and the rule of law. Lawless documents how President Barack Obama has presided over one constitutional debacle after another—Obamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; and many more. Violating his own promises to respect the Constitution’s separation of powers, Obama brazenly ignores Congress when it won’t rubber-stamp his initiatives. “We can’t wait,” he intones when amending Obamaca...