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Rethinking The New Deal Court

Author: Barry Cushman
Publisher: Oxford University Press
ISBN: 9780195354010
Size: 60.65 MB
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Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.

The Constitution And The New Deal

Author: G. Edward WHITE
Publisher: Harvard University Press
ISBN: 9780674008311
Size: 52.59 MB
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In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.

The New Deal Lawyers

Author: Peter H. Irons
Publisher: Princeton University Press
ISBN: 9780691000824
Size: 19.81 MB
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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.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.

Grassroots Garveyism

Author: Mary G. Rolinson
Publisher: Univ of North Carolina Press
ISBN: 9780807872789
Size: 25.27 MB
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The black separatist movement led by Marcus Garvey has long been viewed as a phenomenon of African American organization in the urban North. But as Mary Rolinson demonstrates, the largest number of Universal Negro Improvement Association (UNIA) divisions and Garvey's most devoted and loyal followers were found in the southern Black Belt. Tracing the path of organizers from northern cities to Virginia, and then from the Upper to the Deep South, Rolinson remaps the movement to include this vital but overlooked region. Rolinson shows how Garvey's southern constituency sprang from cities, countryside churches, and sharecropper cabins. Southern Garveyites adopted pertinent elements of the movement's ideology and developed strategies for community self-defense and self-determination. These southern African Americans maintained a spiritual attachment to their African identities and developed a fiercely racial nationalism, building on the rhetoric and experiences of black organizers from the nineteenth-century South. Garveyism provided a common bond during the upheaval of the Great Migration, Rolinson contends, and even after the UNIA had all but disappeared in the South in the 1930s, the movement's tenets of race organization, unity, and pride continued to flourish in other forms of black protest for generations.

Free Soil Free Labor Free Men

Author: Eric Foner
Publisher: Oxford University Press
ISBN: 9780199762262
Size: 21.36 MB
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Since its publication twenty-five years ago, Free Soil, Free Labor, Free Men has been recognized as a classic, an indispensable contribution to our understanding of the causes of the American Civil War. A key work in establishing political ideology as a major concern of modern American historians, it remains the only full-scale evaluation of the ideas of the early Republican party. Now with a new introduction, Eric Foner puts his argument into the context of contemporary scholarship, reassessing the concept of free labor in the light of the last twenty-five years of writing on such issues as work, gender, economic change, and political thought. A significant reevaluation of the causes of the Civil War, Foner's study looks beyond the North's opposition to slavery and its emphasis upon preserving the Union to determine the broader grounds of its willingness to undertake a war against the South in 1861. Its search is for those social concepts the North accepted as vital to its way of life, finding these concepts most clearly expressed in the ideology of the growing Republican party in the decade before the war's start. Through a careful analysis of the attitudes of leading factions in the party's formation (northern Whigs, former Democrats, and political abolitionists) Foner is able to show what each contributed to Republican ideology. He also shows how northern ideas of human rights--in particular a man's right to work where and how he wanted, and to accumulate property in his own name--and the goals of American society were implicit in that ideology. This was the ideology that permeated the North in the period directly before the Civil War, led to the election of Abraham Lincoln, and led, almost immediately, to the Civil War itself. At the heart of the controversy over the extension of slavery, he argues, is the issue of whether the northern or southern form of society would take root in the West, whose development would determine the nation's destiny. In his new introductory essay, Foner presents a greatly altered view of the subject. Only entrepreneurs and farmers were actually "free men" in the sense used in the ideology of the period. Actually, by the time the Civil War was initiated, half the workers in the North were wage-earners, not independent workers. And this did not account for women and blacks, who had little freedom in choosing what work they did. He goes onto show that even after the Civil War these guarantees for "free soil, free labor, free men" did not really apply for most Americans, and especially not for blacks. Demonstrating the profoundly successful fusion of value and interest within Republican ideology prior to the Civil War, Free Soil, Free Labor, Free Men remains a classic of modern American historical writing. Eloquent and influential, it shows how this ideology provided the moral consensus which allowed the North, for the first time in history, to mobilize an entire society in modern warfare.

The Ages Of American Law

Author: Grant Gilmore
Publisher: Yale University Press
ISBN: 9780300023527
Size: 13.72 MB
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Distinct periods in legal history are described in reflections on the American approach to law since the eighteenth century related to social change

Ethics And Emerging Technologies

Author: Ronald Sandler
Publisher: Springer
ISBN: 1137349085
Size: 16.29 MB
Format: PDF
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First and only undergraduate textbook that addresses the social and ethical issues associated with a wide array of emerging technologies, including genetic modification, human enhancement, geoengineering, robotics, virtual reality, artificial meat, neurotechnologies, information technologies, nanotechnology, sex selection, and more.

Public Law Concentrate

Author: Colin Faragher
Publisher: Oxford University Press
ISBN: 0198803893
Size: 20.90 MB
Format: PDF, Kindle
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If you're serious about exam success, it's time to Concentrate! Public Law Concentrate is the essential study and revision guide for law students looking for extra marks. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. Packed with essential information, key cases, revision tips, exam Q&As, and more, Public Law Concentrate is also supported by extensive online resources to take your learning further (www.oup.com/lawrevision/): - Pinpoint which areas you need to concentrate on with the diagnostic test - Test your knowledge with the multiple-choice questions and receive feedback on your answers - Improve your essay skills using the outline answers for guidance on what to include and how to structure your answer - Revise the facts and principles of key cases using the interactive flashcards - Check that you have covered the main points of a topic using the key facts checklists - Achieve better marks following the advice on revision and exam technique by experienced examiner Nigel Foster

Fear Itself The New Deal And The Origins Of Our Time

Author: Ira Katznelson
Publisher: W. W. Norton & Company
ISBN: 0871404508
Size: 35.54 MB
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An exploration of the New Deal era highlights the politicians and pundits of the time, many of whom advocated for questionable positions, including separation of the races and an American dictatorship.

Rehabilitating Lochner

Author: David E. Bernstein
Publisher: University of Chicago Press
ISBN: 0226043533
Size: 29.58 MB
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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.