Lochner V. New York

Economic Regulation on Trial
Author: Paul Kens
Publisher: N.A
ISBN: 9780700609192
Category: Law
Page: 216
View: 6340
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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.

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: 2509
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Gitlow V. New York

Every Idea an Incitement
Author: Marc R. Lendler
Publisher: N.A
ISBN: 9780700618767
Category: History
Page: 173
View: 4785
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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.

Rehabilitating Lochner

Defending Individual Rights Against Progressive Reform
Author: David E. Bernstein
Publisher: University of Chicago Press
ISBN: 0226043533
Category: History
Page: 194
View: 8599
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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.

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: 7289
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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.

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: 9447
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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.

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: 2661
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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.

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: 9393
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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.

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: 1425
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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.

Creating a Female Dominion in American Reform, 1890-1935


Author: Robyn Muncy
Publisher: Oxford University Press
ISBN: 9780195358346
Category: Social Science
Page: 240
View: 7609
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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.

Slave law in the American South

State v. Mann in history and literature
Author: Mark V. Tushnet
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 150
View: 382
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Slavery in the American South could not have existed without the authority of law defining slaves as the property of their masters. But the fact that slaves were also human beings placed limits on this harsh reality. When the rigor of the law and the complex bonds of sentiment linking master and slave came into conflict, masters looked to the courts. In one such case, "State v. Mann, North Carolina Supreme Court justice Thomas Ruffin ruled that masters could not be prosecuted for assaulting their slaves. In articulating the legal basis for his decision, Justice Ruffin also revealed his own view of the "logic of slavery," in which he sanctioned the owner's rights even as he expressed his own horror at the mistreatment of the slave. Mark Tushnet, one of the foremost living authorities on antebellum slave law, now shows how studying such a simple case can illuminate an entire society. For those who detested slavery, the case represented all that was intolerable about that institution; for those who defended it, it raised vexing and persistent issues that could not be wished away. As further testament to the importance of "State V. Mann, Harriett Beecher Stowe even made it central to her second antislavery novel, "Dred. Tushnet discusses the opinion's place in the novel--in which she quoted liberally from Ruffin's decision--and evaluates other historians' interpretations of both the opinion and Stowe's provocative novel. Tushnet provides a finely detailed analysis of Ruffin's opinion, portraying the judge as a man compelled by law to uphold the slaveowner's right while moved as a Christian by the slave's maltreatment and ever hopeful that communal morality and a deep-seated sense of honorwould moderate the excesses of slave owners. As Tushnet shows, however, slave law was a means for maintaining the ideological hegemony of the Southern master class. "Slave Law in the American South paints a broad picture of a

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: 2819
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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.

A History of the Supreme Court


Author: Bernard Schwartz
Publisher: Oxford University Press
ISBN: 9780195093872
Category: History
Page: 465
View: 5109
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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.

Creating Born Criminals


Author: Nicole Hahn Rafter
Publisher: University of Illinois Press
ISBN: 9780252067419
Category: Social Science
Page: 284
View: 3236
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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.

Muller V. Oregon

A Brief History with Documents
Author: Nancy Woloch
Publisher: Macmillan
ISBN: 9780312085865
Category: History
Page: 206
View: 4631
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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.

The Language of Argument


Author: Daniel Lamont McDonald,Larry W. Burton
Publisher: Addison-Wesley Educational Publishers
ISBN: 9780321019370
Category: College readers
Page: 385
View: 1063
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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.

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: 2611
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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.

The battle over school prayer

how Engel v. Vitale changed America
Author: Bruce J. Dierenfield
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: Law
Page: 263
View: 3073
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It has become known to many as the moment when the U.S. Supreme Court kicked God out of the public schools, supposedly paving the way for a decline in educational quality and a dramatic rise in delinquency and immorality. The 6-to-1 decision in Engel v. Vitale (1962) not only sparked outrage among a great many religious Americans, it also rallied those who cried out against what they perceived as a dangerously activist Court. Bruce Dierenfield has written a concise and readable guide to the first--and still most important--case that addressed the constitutionality of prayer in public schools. The 22-word recitation in a Long island school that was challenged in Engel v. Vitale was hardly denominational--not even overtly Christian--but a handful of parents saw it as a violation of the First Amendment's proscription again the establishment of religion. The case forced the Supreme Court to take a stand on Jefferson's "wall of separation" between church and state. When it did so, the Court declared that by endorsing the prayer recitation--no matter how brief, nondenominational, or voluntary--the Long Island school board had unconstitutionally approved the establishment of religion in school. Writing with impeccable fairness and sensitivity, Dierenfield sets his account of the Engel decision in the larger historical and political context, citing battles over a wide range of religious activities in public schools throughout American history. He takes readers behind the scenes at school board meetings and Court deliberations to show real people wrestling with deeply personal issues. Through interviews with many of the participants, he also reveals the large price paid by the plaintiffs andtheir children, who were frequently harassed both during and after the trial. For a long time, opponents of the decision have loudly claimed that it was based on a distorted reading of the First Amendment and deprived Americans of their right to practice religion. Dierenfield shows that the polarizing effect of Engel--a decision every bit as controversial as Roe v. Wade--has reverberated through the subsequent decades and gained intensity with the rise of the religious right. His book helps readers understand why, even in the face of this landmark decision, Americans remain divided on how divided church and state should be.

Death Grip

Loosening the Law's Stranglehold over Economic Liberty
Author: Clint Bolick
Publisher: Hoover Press
ISBN: 0817913165
Category: Political Science
Page: 104
View: 2746
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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.

The Slaughterhouse Cases

Regulation, Reconstruction, and the Fourteenth Amendment
Author: Ronald M. Labbé,Jonathan Lurie
Publisher: N.A
ISBN: 9780700614097
Category: History
Page: 205
View: 8683
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While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.