Lochner V. New York

Economic Regulation on Trial

Author: Paul Kens

Publisher: N.A

ISBN: 9780700609192

Category: Law

Page: 216

View: 3961

Lochner v. New York (1905), which pitted a conservative activist judiciary against a reform-minded legislature, remains one of the most important and most frequently cited cases in Supreme Court history. In this concise and readable guide, Paul Kens shows us why the case remains such an important marker in the ideological battles between the free market and the regulatory state. The Supreme Court's decision declared unconstitutional a New York State law limiting bakery workers to no more than ten hours per day or sixty hours per week. By evoking its "police power," the state hoped to eliminate the employers' abuse of these workers. But the 5-4 majority opinion, authored by Justice Rufus Peckham and renounced by Justice Oliver Wendell Holmes, cited the state's violation of due process and the "right of contract between employers and employees," which the majority believed was protected by the Fourteenth Amendment. Critics jumped on the decision as an example of conservative juidicial activism promoting laissez-faire capitalism at the expense of progressive reform. As series editors Peter Hoffer and N.E.H. Hull note in their preface, "the case also raised a host of significant questions regarding the impetus of state legislatures to enter the workplace and regulate hours, wages, and working conditions; of the role of courts as monitors of the constitutionality of state regulation of the economy; and of the place of economic and moral theories in judicial thinking." Kens, however, reminds us that these hotly contested ideas and principles emerged from a very real human drama involving workers, owners, legislators, lawyers, and judges. Within the crucible of an industrializing America, their story reflected the fierce competition between two powerful ideologies.
Posted in Law

The American Political Dictionary

Author: Jack C. Plano,Milton Greenberg

Publisher: Fort Worth : Harcourt Brace Jovanovich College Publishers

ISBN: N.A

Category: United States

Page: 672

View: 5460

Posted in United States

Gitlow V. New York

Every Idea an Incitement

Author: Marc R. Lendler

Publisher: N.A

ISBN: 9780700618767

Category: History

Page: 173

View: 4259

Covers the landmark First Amendment case involving Benjamin Gitlow, an avowed communist who was tried for sedition under New York's Criminal Anarchy Law. In 1925, by a 7-2 vote, the Supreme Court upheld his conviction, suggesting in effect that Gitlow's threat to national security trumped his right to speak freely.
Posted in History

Rehabilitating Lochner

Defending Individual Rights Against Progressive Reform

Author: David E. Bernstein

Publisher: University of Chicago Press

ISBN: 0226043533

Category: History

Page: 194

View: 7234

In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Posted in History

Brown Versus Board of Education and the Civil Rights Movement

Author: Michael J. Klarman

Publisher: Oxford University Press

ISBN: 0195307461

Category: Law

Page: 284

View: 702

Introduction. 1. The Jim Crow Era. 2. World War II. 3. Brown v. Board of Education. 4. Brown II and Subsequent Desegretaion Developments. 5. Brown's Direct Effects. 6. Brown's Indirect Effects. 7. Brown's Backlash. 8. Why Massive Resistance?. 9. Brown, Violence, and Civil Rights Legislation. Conclusion. Notes on Sources. Select Bibliography.
Posted in Law

Justice Stephen Field

Shaping Liberty from the Gold Rush to the Gilded Age

Author: Paul Kens

Publisher: N.A

ISBN: N.A

Category: Biography & Autobiography

Page: 376

View: 7407

Outspoken and controversial, Stephen Field served on the Supreme Court from his appointment by Lincoln in 1863 through the closing years of the century. No justice had ever served longer on the Court, and few were as determined to use the Court to lead the nation into a new and exciting era. Paul Kens shows how Field ascended to such prominence, what influenced his legal thought and court opinions, and why both are still very relevant today. One of the famous gold rush forty-niners, Field was a founder of Marysville, California, a state legislator, and state supreme court justice. His decisions from the state bench and later from the federal circuit court often placed him in the middle of tense conflicts over the distribution of the land and mineral wealth of the new state. Kens illuminates how Field's experiences in early California influenced his jurisprudence and produced a theory of liberty that reflected both the ideals of his Jacksonian youth and the teachings of laissez-faire economics. During the time that Field served on the U.S. Supreme Court, the nation went through the Civil War and Reconstruction and moved from an agrarian to an industrial economy in which big business dominated. Fear of concentrated wealth caused many reformers of the time to look to government as an ally in the preservation of their liberty. In the volatile debates over government regulation of business, Field became a leading advocate of substantive due process and liberty of contract, legal doctrines that enabled the Court to veto state economic legislation and heavily influenced constitutional law well into the twentieth century. In the effort to curb what he viewed as the excessive power of government, Field tended to side with business and frequently came into conflict with reformers of his era. Gracefully written and filled with sharp insights, Kens' study sheds new light on Field's role in helping the Court define the nature of liberty and determine the extent of constitutional protection of property. By focusing on the political, economic, and social struggles of his time, it explains Field's jurisprudence in terms of conflicting views of liberty and individualism. It firmly establishes Field as a persuasive spokesman for one side of that conflict and as a prototype for the modern activist judge, while providing an important new view of capitalist expansion and social change in Gilded Age America.
Posted in Biography & Autobiography

Fighting Foreclosure

The Blaisdell Case, the Contract Clause, and the Great Depression

Author: John A. Fliter,Derek S. Hoff

Publisher: N.A

ISBN: 9780700618712

Category: History

Page: 222

View: 4966

The first book-length study of the landmark 1934 Supreme Court decision that validated efforts by states to offer legislative relief to Depression-era citizens struggling to keep their farms and homes. The close 5-4 decision remains a touchstone for debates over the constitutionality (and benefits) of state intervention to the economy.
Posted in History

Inherently Unequal

The Betrayal of Equal Rights by the Supreme Court, 1865-1903

Author: Lawrence Goldstone

Publisher: Walker

ISBN: 9780802778857

Category: History

Page: 256

View: 2497

A potent and original examination of how the Supreme Court subverted justice and empowered the Jim Crow era. In the years following the Civil War, the 13th Amendment abolished slavery; the 14th conferred citizenship and equal protection under the law to white and black; and the 15th gave black American males the right to vote. In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accommodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as unconstitutional and, in the process, disemboweled the equal protection provisions of the 14th Amendment. Using court records and accounts of the period, Lawrence Goldstone chronicles how "by the dawn of the 20th century the U.S. had become the nation of Jim Crow laws, quasi-slavery, and precisely the same two-tiered system of justice that had existed in the slave era." The very human story of how and why this happened make Inherently Unequal as important as it is provocative. Examining both celebrated decisions like Plessy v. Ferguson and those often overlooked, Goldstone demonstrates how the Supreme Court turned a blind eye to the obvious reality of racism, defending instead the business establishment and status quo--thereby legalizing the brutal prejudice that came to define the Jim Crow era.
Posted in History

The Supreme Court under Morrison R. Waite, 1874-1888

Author: Paul Kens

Publisher: Univ of South Carolina Press

ISBN: 1611172195

Category: Law

Page: 240

View: 6320

In The Supreme Court under Morrison R. Waite, 1874-1888, Paul Kens provides a history of the Court during a time that began in the shadow of the Civil War and ended with America on the verge of establishing itself as an industrial world power. Morrison R. Waite (1816-1888) led the Court through a period that experienced great racial violence and sectional strife. At the same time, a commercial revolution produced powerful new corporate businesses and, in turn, dissatisfaction among agrarian and labor interests. The nation was also consolidating the territory west of the Mississippi River, an expansion often marred with bloodshed and turmoil. It was an era that strained America's thinking about the purpose, nature, and structure of government and ultimately about the meaning of the constitution. Challenging the conventional portrayal of the Waite Court as being merely transitional, Kens observes that the majority of these justices viewed themselves as guardians of tradition. Even while facing legal disputes that grew from the drastic changes in post-Civil War America's social, political, and economic order, the Waite Court tended to look backward for its cues. Its rulings on issues of liberty and equality, federalism and the powers of government, and popular sovereignty and the rights of the community were driven by constitutional traditions established prior to the Civil War. This is an important distinction because the conventional portrayal of this Court as transitional leaves the impression that later changes in legal doctrine were virtually inevitable, especially with respect to the subjects of civil rights and economic regulation. By demonstrating that there was nothing inevitable about the way constitutional doctrine has evolved, Kens provides an original and insightful interpretation that enhances our understanding of American constitutional traditions as well as the development of constitutional doctrine in the late nineteenth century.
Posted in Law

Creating a Female Dominion in American Reform, 1890-1935

Author: Robyn Muncy

Publisher: Oxford University Press on Demand

ISBN: 0195089243

Category: Language Arts & Disciplines

Page: 221

View: 9112

In this book, Muncy explains the continuity of white, middle-class, American female reform activity between the Progressive era and the New Deal. She argues that during the Progressive era, female reformers built an interlocking set of organizations that attempted to control child welfare policy. Within this policymaking body, female progressives professionalized their values, bureaucratized their methods, and institutionalized their reforming networks. To refer to the organizational structure embodying these processes, the book develops the original concept of a female dominion in the otherwise male empire of policymaking. At the head of this dominion stood the Children's Bureau in the federal Department of Labor. Muncy investigates the development of the dominion and its particular characteristics, such as its monopoly over child welfare and its commitment to public welfare, and shows how it was dependent on a peculiarly female professionalism. By exploring that process, this book illuminates the relationship between professionalization and reform, the origins and meaning of Progressive reform, and the role of gender in creating the American welfare state.
Posted in Language Arts & Disciplines

A History of the Supreme Court

Author: Bernard Schwartz

Publisher: Oxford University Press

ISBN: 9780195093872

Category: History

Page: 465

View: 5388

A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.
Posted in History

Creating Born Criminals

Author: Nicole Hahn Rafter

Publisher: University of Illinois Press

ISBN: 9780252067419

Category: Social Science

Page: 284

View: 6934

But Creating Born Criminals is much more than a look at the past. It is an exploration of the role of biological explanation as a form of discourse and of its impact upon society. While The Bell Curve and other recent books have stopped short of making eugenic recommendations, their contentions point toward eugenic conclusions, and people familiar with the history of eugenics can hear in them its echoes. Rafter demonstrates that we need to know how eugenic reasoning worked in the past and that we must recognize the dangers posed by the dominance of a theory that interprets social problems in biological terms and difference as biological inferiority.
Posted in Social Science

Muller V. Oregon

A Brief History with Documents

Author: Nancy Woloch

Publisher: Macmillan

ISBN: 9780312085865

Category: History

Page: 206

View: 4341

The first brief book on the landmark 1908 Supreme Court decision that limited a woman's workday to ten hours, this text offers a concise analysis of the origins and impact of Muller v. Oregon. Woloch's comprehensive narrative familiarizes readers with Progressive reform, the case itself, and the conflict Muller generated within the women's movement over the issue of classification by gender. A rich collection of primary documents - including court decisions, the Brandeis brief, and essays by leading Progressive-era reformers - enables readers to analyze the decision and the ensuing debate. Editorial features include headnotes, a chronology, a bibliography, and illustrations.
Posted in History

The Language of Argument

Author: Daniel Lamont McDonald,Larry W. Burton

Publisher: Addison-Wesley Educational Publishers

ISBN: 9780321019370

Category: College readers

Page: 385

View: 4874

This collection of over 100 provocative readings, advertisements, and illustrations emphasizes real-world issues and topics for students to read and use in writing their own argumentative essays. The hotly debated issues are sure to create excitement.
Posted in College readers

The Forgotten Memoir of John Knox

A Year in the Life of a Supreme Court Clerk in FDR's Washington

Author: John Knox,Dennis J. Hutchinson,David J. Garrow

Publisher: University of Chicago Press

ISBN: 9780226448626

Category: Biography & Autobiography

Page: 288

View: 4976

Recapturing life in Washington, D.C., when it was still a genteel Southern town, this personal memoir was written by law clerk John Knox (1907-1997), private secretary to U.S. Supreme Court Justice James C. McReynolds. 16 halftones.
Posted in Biography & Autobiography

The Ghost of Jim Crow

How Southern Moderates Used Brown v. Board of Education to Stall Civil Rights

Author: Anders Walker

Publisher: Oxford University Press

ISBN: 9780199720460

Category: History

Page: 256

View: 2051

In "Letter from Birmingham Jail," Martin Luther King, Jr. asserted that "the Negro's great stumbling block in his stride toward freedom is not the White Citizen's Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to 'order' than to justice." To date, our understanding of the Civil Rights era has been largely defined by high-profile public events such as the crisis at Little Rock high school, bus boycotts, and sit-ins-incidents that were met with massive resistance and brutality. The resistance of Southern moderates to racial integration was much less public and highly insidious, with far-reaching effects. The Ghost of Jim Crow draws long-overdue attention to the moderate tactics that stalled the progress of racial equality in the South. Anders Walker explores how three moderate Southern governors formulated masked resistance in the wake of Brown v. Board of Education. J. P. Coleman in Mississippi, Luther Hodges in North Carolina, and LeRoy Collins in Florida each developed workable, lasting strategies to neutralize black political activists and control white extremists. Believing it possible to reinterpret Brown on their own terms, these governors drew on creative legal solutions that allowed them to perpetuate segregation without overtly defying the federal government. Hodges, Collins, and Coleman instituted seemingly neutral criteria--academic, economic, and moral--in place of racial classifications, thereby laying the foundations for a new way of rationalizing racial inequality. Rather than focus on legal repression, they endorsed cultural pluralism and uplift, claiming that black culture was unique and should be preserved, free from white interference. Meanwhile, they invalidated common law marriages and cut state benefits to unwed mothers, then judged black families for having low moral standards. They expanded the jurisdiction of state police and established agencies like the Mississippi Sovereignty Commission to control unrest. They hired black informants, bribed black leaders, and dramatically expanded the reach of the state into private life. Through these tactics, they hoped to avoid violent Civil Rights protests that would draw negative attention to their states and confirm national opinions of the South as backward. By crafting positive images of their states as tranquil and free of racial unrest, they hoped to attract investment and expand southern economic development. In reward for their work, John F. Kennedy and Lyndon Johnson appointed them to positions in the federal government, defying notions that Republicans were the only party to absorb southern segregationists and stall civil rights. An eye-opening approach to law and politics in the Civil Rights era, The Ghost of Jim Crow looks beyond extremism to highlight some of the subversive tactics that prolonged racial inequality.
Posted in History

The Social History of Crime and Punishment in America

An Encyclopedia

Author: Wilbur R. Miller

Publisher: SAGE Publications

ISBN: 1483305937

Category: History

Page: 2712

View: 3100

Several encyclopedias overview the contemporary system of criminal justice in America, but full understanding of current social problems and contemporary strategies to deal with them can come only with clear appreciation of the historical underpinnings of those problems. Thus, this five-volume work surveys the history and philosophy of crime, punishment, and criminal justice institutions in America from colonial times to the present. It covers the whole of the criminal justice system, from crimes, law enforcement and policing, to courts, corrections and human services. Among other things, this encyclopedia: explicates philosophical foundations underpinning our system of justice; charts changing patterns in criminal activity and subsequent effects on legal responses; identifies major periods in the development of our system of criminal justice; and explores in the first four volumes - supplemented by a fifth volume containing annotated primary documents - evolving debates and conflicts on how best to address issues of crime and punishment. Its signed entries in the first four volumes--supplemented by a fifth volume containing annotated primary documents--provide the historical context for students to better understand contemporary criminological debates and the contemporary shape of the U.S. system of law and justice.
Posted in History

Death Grip

Loosening the Law's Stranglehold over Economic Liberty

Author: Clint Bolick

Publisher: Hoover Press

ISBN: 0817913165

Category: Political Science

Page: 104

View: 5433

Clint Bolick examines the assault on economic liberty brought about by the 19th century's Slaughter-House Cases. He explains how those cases nullified the privileges or immunities clause of the 14th Amendment and how the repercussions continue to manifest themselves today. Bolick offers hope for the future, however, in describing the current campaign to restore economic liberty as a fundamental civil right.
Posted in Political Science

Courts in Federal Countries

Federalists or Unitarists?

Author: Nicholas Aroney,John Kincaid

Publisher: University of Toronto Press

ISBN: 1487500629

Category: Law

Page: 583

View: 1875

Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.
Posted in Law