now, between the two is our moderator, professor victoria nourse. she's a professor of law at the georgetown university law center. she's the author of "in reckless hands, skinner v. oklahoma, and the near triumph of american eugenics" and a forthcoming book, "misreading law, misreading democracy." this panel is perfect to discuss this issue, so please join me in welcoming professors kens, barnett, and nourse. [ applause ] >> well, on behalf of the panel, thank you very much, justice breyer, for that wonderful introduction, and i am delighted to be here. hopefully i'm one of the last moderates in washington to moderate a debate between two of the most distinguished lochner scholars in the country. if you have seen the earlier c-span performance, you will find it entrancing about the facts of the progressive era, the nature of the case, how teddy roosevelt made the bake shop case famous. but you won't hear much about the key legal concepts that drove the case and differ in many respects from our current constitutional law. so i hope today, having wri