neoliberalism, constitutional neoliberalism, Lochner era, economic regulation, First Amendment, economic liberalism
Neoliberalism has a constitutional face. A congeries of pro-market and anti-regulatory doctrines adds up to a moralized view of economic and social life that systematically conceals power differences that arise from economic inequality. Part of a forthcoming special issue of Law and Contemporary Problems, this essay addresses the specifically constitutional aspects of neoliberal law and draws a series of parallels with the classical liberal doctrine of the Lochner era.
Jedediah Purdy, Neoliberal Constitutionalism: Lochnerism for a New Economy, Law & Contemporary Problems (forthcoming)