Mila Sohoni on the Lochner Era & the Trump Administration

Ipse Dixit

In this episode, Mila Sohoni, Professor of Law at the University of San Diego School of Law, discusses her article "The Trump Administration and the Law of the Lochner Era," which was published in the Georgetown Law Journal. Sohoni begins by describing what the Lochner era is, how Lochner v. New York came to define an era of jurisprudence, and how that era is conventionally understood. She complicates that conventional understanding by pointing out seeming contradictions in the Supreme Court's jurisprudence, and explains them in relation to a broader ideology of personal and governmental sovereignty. She points to similarities between the ideology of the Lochner era court and the Trump administration's policies and argues that those similarities reflect ideological affinities. And she reflects on how that should inform our understanding of the current political moment. Sohoni's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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