Welfare, Rights, and American Governance, 1935–1972

Author: Karen M. Tani

Publisher: Cambridge University Press

ISBN: 1107076846

Category: History

Page: 428

View: 2211

This book recounts the transformation of American poor relief in the decades spanning the New Deal and the War on Poverty.
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Author: Sophia Z. Lee

Publisher: Cambridge University Press

ISBN: 1316061191

Category: History

Page: N.A

View: 9543

Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
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Author: Peter H. Irons

Publisher: Princeton University Press

ISBN: 9780691000824

Category: History

Page: 351

View: 9792

From the perspective of young lawyers in three key New Deal agencies, this book traces the path of crucial constitutional test cases during the years from 1933 to 1937.From the perspective of young lawyers in three key New Deal agencies, this book traces the path of crucial constitutional test cases during the years from 1933 to 1937.
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Law, Politics, and the Rise of Progressive Taxation, 1877–1929

Author: Ajay K. Mehrotra

Publisher: Cambridge University Press

ISBN: 1107436001

Category: Business & Economics

Page: 432

View: 2825

At the turn of the twentieth century, the US system of public finance underwent a dramatic transformation. The late nineteenth-century regime of indirect, hidden, partisan, and regressive taxes was eclipsed in the early twentieth century by a direct, transparent, professionally administered, and progressive tax system. This book uncovers the contested roots and paradoxical consequences of this fundamental shift in American tax law and policy. It argues that the move toward a regime of direct and graduated taxation marked the emergence of a new fiscal polity - a new form of statecraft that was guided not simply by the functional need for greater revenue but by broader social concerns about economic justice, civic identity, bureaucratic capacity, and public power. Between the end of Reconstruction and the onset of the Great Depression, the intellectual, legal, and administrative foundations of the modern fiscal state first took shape. This book explains how and why this new fiscal polity came to be.
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Consciousness and Responsibility in American Legal Culture

Author: Susanna L. Blumenthal

Publisher: Harvard University Press

ISBN: 0674495535

Category: Law

Page: N.A

View: 2591

Headline-grabbing murders are not the only cases in which sanity has been disputed in the American courtroom. Susanna Blumenthal traces this litigation, revealing how ideas of human consciousness, agency, and responsibility have shaped American jurisprudence as judges struggled to reconcile Enlightenment rationality with new sciences of the mind.
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Politics and Poverty in Modern America

Author: Felicia Ann Kornbluh

Publisher: University of Pennsylvania Press

ISBN: 9780812240054

Category: Political Science

Page: 287

View: 2014

"This is the most sophisticated study of welfare rights organizing to date. It engages with grassroots and high politics, social history and social thought. . . . While other books focus on ideas, structures, movement history, or poor women, Kornbluh does it all with insight and verve."--Eileen Boris, University of California, Santa Barbara
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Legal Culture and the Transformation of Inequality in the Post-Revolutionary South

Author: Laura F. Edwards

Publisher: UNC Press Books

ISBN: 1469619857

Category: History

Page: 448

View: 5662

In the half-century following the Revolutionary War, the logic of inequality underwent a profound transformation within the southern legal system. Drawing on extensive archival research in North and South Carolina, Laura F. Edwards illuminates those changes by revealing the importance of localized legal practice. Edwards shows that following the Revolution, the intensely local legal system favored maintaining the "peace," a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. Those without rights--even slaves--had influence within the system because of their positions of subordination, not in spite of them. By the 1830s, however, state leaders had secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. Edwards concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans. Placing slaves, free blacks, and white women at the center of the story, The People and Their Peace recasts traditional narratives of legal and political change and sheds light on key issues in U.S. history, including the persistence of inequality--particularly slavery--in the face of expanding democracy.
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The Administrative State Emerges in America, 1900-1940

Author: Daniel R. Ernst

Publisher: Oxford University Press (UK)

ISBN: 0199920869

Category: History

Page: 226

View: 1076

De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government'; that supporters were more interested in purging government of corruption than creating a socialist utopia; and that the principles of individual rights, limited government, and due process were designed into the administrative state.
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Administrative Politics since the New Deal

Author: Joanna L. Grisinger

Publisher: Cambridge University Press

ISBN: 1139536303

Category: History

Page: N.A

View: 6962

The Unwieldy American State offers a political and legal history of the administrative state from the 1940s through the early 1960s. After Progressive Era reforms and New Deal policies shifted a substantial amount of power to administrators, the federal government's new size and shape made one question that much more important: how should agencies and commissions exercise their enormous authority? In examining procedural reforms of the administrative process in light of postwar political developments, Grisinger shows how administrative law was shaped outside the courts. Using the language of administrative law, parties debated substantive questions about administrative discretion, effective governance and national policy, and designed reforms accordingly. In doing so, they legitimated the administrative process as a valid form of government.
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Author: Michael Reisch

Publisher: SAGE Publications

ISBN: 1483320758

Category: Social Science

Page: 544

View: 4192

Social Policy and Social Justice provides today's students and tomorrow's practitioners with a comprehensive overview of U.S. social policy and the policymaking process. Author and editor Michael Reisch brings together experts in the field to help students understand these policies and prepare them for the emerging realities that will shape practice in the 21st century. This text explores the critical contextual components of social policy—including history, ideology, political-economy, and culture—and demonstrates major substantive areas of policy such as income maintenance and health/mental health.
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Author: Naomi R. Lamoreaux,William J. Novak

Publisher: Harvard University Press

ISBN: 0674977718

Category: History

Page: 528

View: 7223

Recent Supreme Court decisions in Citizens United and other high-profile cases have sparked disagreement about the role of corporations in American democracy. Bringing together scholars of history, law, and political science, Corporations and American Democracy provides essential grounding for today’s policy debates.
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Humanizing the Regulatory State

Author: Cass R. Sunstein

Publisher: University of Chicago Press

ISBN: 0226780171

Category: Business & Economics

Page: 240

View: 4895

A former administrator of the White House's Office of Information and Regulatory Affairs explains how the agency works and offers a new framework for proposing regulation that considers the issues of human dignity and privacy.
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Police Power, Constitutional Change, and the Making of the 1960s

Author: Risa Goluboff

Publisher: Oxford University Press

ISBN: 0199768447

Category: Vagrancy

Page: 480

View: 3087

"In 1950s America, it was remarkably easy for police to arrest almost anyone for almost any reason. The criminal justice system-and especially the age-old law of vagrancy-played a key role not only in maintaining safety and order but also in enforcing conventional standards of morality and propriety. A person could be arrested for sporting a beard, making a speech, or working too little. Yet by the end of the 1960s, vagrancy laws were discredited and American society was fundamentally transformed. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking account of this transformation. By reading the history of the 1960s through the lens of vagrancy laws, Goluboff shows how constitutional challenges to long-standing police practices were at the center of the multiple movements that made "the 1960s." Vagrancy laws were not just about poor people. They were so broad and flexible-criminalizing everything from immorality to wandering about-that they made it possible for the police to arrest anyone out of place in any way: Beats and hippies; Communists and Vietnam War protestors; racial minorities, civil rights activists, and interracial couples; prostitutes, single women, and gay men, lesbians, and other sexual minorities. As hundreds of these "vagrants" and their lawyers claimed that vagrancy laws were unconstitutional, the laws became a flashpoint for debates about radically different visions of order and freedom. In Goluboff's compelling portrayal, the legal campaign against vagrancy laws becomes a sweeping legal and social history of the 1960s. It touches on movements advocating everything from civil rights to peace to gay rights to welfare rights to cultural revolution. As Goluboff links the human stories of those arrested to the great controversies of the time, she makes coherent an era that often seems chaotic. She also powerfully demonstrates how ordinary people, with the help of lawyers and judges, can change the meaning of the Constitution. By 1972, the Supreme Court announced that vagrancy laws that had been a law enforcement staple for four hundred years were no longer constitutional. That decision, as well as the social movements and legal arguments that prompted it, has had major consequences for current debates about police power and constitutional rights. Clashes over everything from stop and frisk to homelessness to public protests echo the same tension between order and freedom that vagrancy cases tried to resolve. Since the early 1970s, courts, policymakers, activists, and ordinary citizens have had to contend with the massive legal vacuum left by vagrancy law's downfall. Battles over what, if anything, should replace vagrancy laws, like battles over the legacy of the sixties transformations themselves, are far from over"--
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Privatization’s Threat to the American Republic

Author: Jon D. Michaels

Publisher: Harvard University Press

ISBN: 0674737733

Category: History

Page: 312

View: 1182

Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.
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Author: Markus D. Dubber,Christopher Tomlins

Publisher: Oxford University Press

ISBN: 0192513133

Category: Law

Page: 1152

View: 4879

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
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Taxing the Rich in the Age of FDR

Author: Joseph J. Thorndike

Publisher: Urban Inst Press

ISBN: 9780877667711

Category: History

Page: 349

View: 6281

"A history of how President Roosevelt and his cabinet developed the ideas that became the New Deal and how negotiations between the President and the Congress brought to the ideas into legislation"--Provided by publisher.
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Author: Assaf Likhovski

Publisher: Cambridge University Press

ISBN: 131682019X

Category: History

Page: N.A

View: 2595

This book describes how a social-norms model of taxation rose and fell in British-ruled Palestine and the State of Israel in the mid-twentieth century. Such a model, in which non-legal means were used to foster compliance, appeared in the tax system created by the Jewish community in 1940s Palestine and was later adopted by the new Israeli state in the 1950s. It gradually disappeared in subsequent decades as law and its agents, lawyers and accountants, came to play a larger role in the process of taxation. By describing the historical interplay between formal and informal tools for creating compliance, Tax Law and Social Norms in Mandatory Palestine and Israel sheds new light on our understanding of the relationship between law and other methods of social control, and reveals the complex links between taxation and citizenship.
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Author: Mark Rose

Publisher: Harvard University Press

ISBN: 0674969944

Category: Law

Page: 233

View: 5816

Mark Rose uses case studies to show how gender and gentility have influenced the self-presentation of authors in court and how the personal styles, public personas, and histories of novelists, dramatists, poets, photographers, and cartoonists have influenced the development of legal doctrine around issues of copyright.
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Politicians Stole Your Future-- You Can Get it Back

Author: Tom G. Palmer

Publisher: N.A

ISBN: N.A

Category: Economic security

Page: 180

View: 2079

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Antilabor Democracy in Nineteenth-Century Chicago

Author: Cedric de Leon

Publisher: Cornell University Press

ISBN: 0801455871

Category: History

Page: 184

View: 7413

“Right to work” states weaken collective bargaining rights and limit the ability of unions to effectively advocate on behalf of workers. As more and more states consider enacting right-to-work laws, observers trace the contemporary attack on organized labor to the 1980s and the Reagan era. In The Origins of Right to Work, however, Cedric de Leon contends that this antagonism began a century earlier with the Northern victory in the U.S. Civil War, when the political establishment revised the English common-law doctrine of conspiracy to equate collective bargaining with the enslavement of free white men. In doing so, de Leon connects past and present, raising critical questions that address pressing social issues. Drawing on the changing relationship between political parties and workers in nineteenth-century Chicago, de Leon concludes that if workers’ collective rights are to be preserved in a global economy, workers must chart a course of political independence and overcome long-standing racial and ethnic divisions.
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