States of Dependency

Welfare, Rights, and American Governance, 1935–1972

Author: Karen M. Tani

Publisher: Cambridge University Press

ISBN: 1316489760

Category: History

Page: N.A

View: 6103

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Who bears responsibility for the poor, and who may exercise the power that comes with that responsibility? Amid the Great Depression, American reformers answered this question in new ways, with profound effects on long-standing practices of governance and entrenched understandings of citizenship. States of Dependency traces New Deal welfare programs over the span of four decades, asking what happened as money, expertise and ideas travelled from a federal administrative epicenter in Washington, DC, through state and local bureaucracies, and into diverse and divided communities. Drawing on a wealth of previously un-mined legal and archival sources, Karen Tani reveals how reformers attempted to build a more bureaucratic, centralized and uniform public welfare system; how traditions of localism, federalism and hostility toward the 'undeserving poor' affected their efforts; and how, along the way, more and more Americans came to speak of public income support in the powerful but limiting language of law and rights. The resulting account moves beyond attacking or defending Americans' reliance on the welfare state to explore the complex network of dependencies undergirding modern American governance.

The Workplace Constitution from the New Deal to the New Right

Author: Sophia Z. Lee

Publisher: Cambridge University Press

ISBN: 1316061191

Category: History

Page: N.A

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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.

Corporations and American Democracy

Author: Naomi R. Lamoreaux,William J. Novak

Publisher: Harvard University Press

ISBN: 0674977718

Category: History

Page: 528

View: 477

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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.

The New Deal Lawyers

Author: Peter H. Irons

Publisher: Princeton University Press

ISBN: 9780691000824

Category: History

Page: 351

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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.

Making the Modern American Fiscal State

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: 3735

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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.

The Battle for Welfare Rights

Politics and Poverty in Modern America

Author: Felicia Ann Kornbluh

Publisher: University of Pennsylvania Press

ISBN: 9780812240054

Category: Political Science

Page: 287

View: 6747

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"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

The Oxford Handbook of Legal History

Author: Markus D. Dubber,Christopher Tomlins

Publisher: Oxford University Press

ISBN: 0192513133

Category: Law

Page: 1152

View: 3423

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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.

The People and Their Peace

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: 2004

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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.

Tocqueville's Nightmare

The Administrative State Emerges in America, 1900-1940

Author: Daniel R. Ernst

Publisher: Oxford University Press

ISBN: 0199920877

Category: Law

Page: 272

View: 8936

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In the 1830s, the French aristocrat Alexis de Tocqueville warned that "insufferable despotism" would prevail if America ever acquired a national administrative state. Today's Tea Partiers evidently believe that, after a great wrong turn in the early twentieth century, Tocqueville's nightmare has come true. In those years, it seems, a group of radicals, seduced by alien ideologies, created vast bureaucracies that continue to trample on individual freedom. In Tocqueville's Nightmare, Daniel R. Ernst destroys this ahistorical and simplistic narrative. He shows that, in fact, 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 built into the administrative state. Far from following "un-American" models, American state-builders rejected the leading European scheme for constraining government, the Rechtsstaat (a state of rules). Instead, they looked to an Anglo-American tradition that equated the rule of law with the rule of courts and counted on judges to review the bases for administrators' decisions. Soon, however, even judges realized that strict judicial review shifted to courts decisions best left to experts. The most masterful judges, including Charles Evans Hughes, Chief Justice of the United States from 1930 to 1941, ultimately decided that a "day in court" was unnecessary if individuals had already had a "day in commission" where the fundamentals of due process and fair play prevailed. This procedural notion of the rule of law not only solved the judges' puzzle of reconciling bureaucracy and freedom. It also assured lawyers that their expertise in the ways of the courts would remain valuable, and professional politicians that presidents would not use administratively distributed largess as an independent source of political power. Tocqueville's nightmare has not come to pass. Instead, the American administrative state is a restrained and elegant solution to a thorny problem, and it remains in place to this day.

The Unwieldy American State

Administrative Politics since the New Deal

Author: Joanna L. Grisinger

Publisher: Cambridge University Press

ISBN: 1139536303

Category: History

Page: N.A

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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.

Law and the Modern Mind

Consciousness and Responsibility in American Legal Culture

Author: Susanna L. Blumenthal

Publisher: Harvard University Press

ISBN: 0674495535

Category: Law

Page: N.A

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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.

Vagrant Nation

Police Power, Constitutional Change, and the Making of the 1960s

Author: Risa Goluboff

Publisher: Oxford University Press

ISBN: 0199768447

Category: Vagrancy

Page: 480

View: 4651

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"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"--

Almost Citizens

Puerto Rico, the U.S. Constitution, and Empire

Author: Sam Erman

Publisher: Cambridge University Press

ISBN: 1108244734

Category: History

Page: N.A

View: 1965

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Almost Citizens lays out the tragic story of how the United States denied Puerto Ricans full citizenship following annexation of the island in 1898. As America became an overseas empire, a handful of remarkable Puerto Ricans debated with US legislators, presidents, judges, and others over who was a citizen and what citizenship meant. This struggle caused a fundamental shift in constitution law: away from the post-Civil War regime of citizenship, rights, and statehood and toward doctrines that accommodated racist imperial governance. Erman's gripping account shows how, in the wake of the Spanish-American War, administrators, lawmakers, and presidents together with judges deployed creativity and ambiguity to transform constitutional meaning for a quarter of a century. The result is a history in which the United States and Latin America, Reconstruction and empire, and law and bureaucracy intertwine.

Social Policy and Social Justice

Author: Michael Reisch

Publisher: SAGE Publications

ISBN: 1483320758

Category: Social Science

Page: 544

View: 8166

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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.

Valuing Life

Humanizing the Regulatory State

Author: Cass R. Sunstein

Publisher: University of Chicago Press

ISBN: 0226780171

Category: Business & Economics

Page: 240

View: 8108

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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.

Free the Beaches

The Story of Ned Coll and the Battle for America's Most Exclusive Shoreline

Author: Andrew W. Kahrl

Publisher: Yale University Press

ISBN: 0300215142

Category: History

Page: 376

View: 718

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The story of our separate and unequal America in the making, and one man's fight against it During the long, hot summers of the late 1960s and 1970s, one man began a campaign to open some of America's most exclusive beaches to minorities and the urban poor. That man was anti-poverty activist and one‑time presidential candidate Ned Coll of Connecticut, a state that permitted public access to a mere seven miles of its 253‑mile shoreline. Nearly all of the state's coast was held privately, for the most part by white, wealthy residents. This book is the first to tell the story of the controversial protester who gathered a band of determined African American mothers and children and challenged the racist, exclusionary tactics of homeowners in a state synonymous with liberalism. Coll's legacy of remarkable successes--and failures--illuminates how our nation's fragile coasts have not only become more exclusive in subsequent decades but also have suffered greater environmental destruction and erosion as a result of that private ownership.

Constitutional Coup

Privatization’s Threat to the American Republic

Author: Jon D. Michaels

Publisher: Harvard University Press

ISBN: 0674737733

Category: History

Page: 312

View: 717

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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.

Authors in Court

Author: Mark Rose

Publisher: Harvard University Press

ISBN: 0674969944

Category: Law

Page: 233

View: 8095

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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.

Sovereignty, International Law, and the French Revolution

Author: Edward James Kolla

Publisher: Cambridge University Press

ISBN: 1316843823

Category: History

Page: N.A

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The advent of the principle of popular sovereignty during the French Revolution inspired an unintended but momentous change in international law. Edward James Kolla explains that between 1789 and 1799, the idea that peoples ought to determine their fates in international affairs, just as they were taking power domestically in France, inspired a series of new and interconnected claims to territory. Drawing on case studies from Avignon, Belgium, the Rhineland, the Netherlands, Switzerland, and Italy, Kolla traces how French revolutionary diplomats and leaders gradually applied principles derived from new domestic political philosophy and law to the international stage. Instead of obtaining land via dynastic inheritance or conquest in war, the will of the people would now determine the title and status of territory. However, the principle of popular sovereignty also opened up new justifications for aggressive conquest, and this history foreshadowed some of the most controversial questions in international relations today.

Child Protection in America

Past, Present, and Future

Author: John E. B. Myers

Publisher: OUP USA

ISBN: 0195169352

Category: Family & Relationships

Page: 306

View: 9881

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"This sweeping account analyzes the theory and policies that have shaped today's child protection system.