Sohrab Ahmari on Post-Liberalism
The Good Fight
The History of Employment Agreements
The Lochner era was named after a 1905 Supreme Court case where the New York state could not regulate hours that bankers had to work in one week. So there are echoes between now and the pre reform pre New Deal era so for example, I argued that we're back to In many ways in employment agreements were back to the state Lochner era. The kind of Lochner libertarian mentality which is very attractive to many American judges is that if you look at that document and see a clause about non disclosure that you don't like, you are kind of free to renegotiate or walk away.
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