In order to add a depth of understanding to the Lochner v. New York debate interpretation, this Comment utilizes an interdisciplinary approach by blending literary critique, legal analysis, and historical context to revisit Justice Peckham’s opinion. The context of the Progressive Era and the application of the law as literature movement framework reveal a critical subtext of the opinion, one which relies heavily on Paternalistic aspirations to assimilate immigrants. This Comment offers a unique perspective on Lochner v. New York while simultaneously providing a framework for future opinion analyses to aid attorneys best harness the power of metaphor in appellate argument.
Jane Francis Nowell, Lochner as Literature: Weighing the Paternalism of Progressivism, 43 Campbell L. Rev. 115 (2021).