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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.