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Rethinking the New Deal Court

Rethinking the New Deal Court Author Barry Cushman
ISBN-10 019535401X
Release 1998-02-26
Pages 336
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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

The Constitution and the New Deal Author G. Edward WHITE
ISBN-10 0674008316
Release 2002-05-01
Pages 385
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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

The New Deal Lawyers Author Peter H. Irons
ISBN-10 0691000824
Release 1993
Pages 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.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.



The NAACP s Legal Strategy against Segregated Education 1925 1950

The NAACP s Legal Strategy against Segregated Education  1925 1950 Author Mark V. Tushnet
ISBN-10 9780807882955
Release 2012-01-01
Pages 264
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The NAACP's fight against segregated education--the first public interest litigation campaign--culminated in the 1954 Brown decision. While touching on the general social, political, and economic climate in which the NAACP acted, Mark V. Tushnet emphasizes the internal workings of the organization as revealed in its own documents. He argues that the dedication and the political and legal skills of staff members such as Walter White, Charles Hamilton Houston, and Thurgood Marshall were responsible for the ultimate success of public interest law. This edition contains a new epilogue by the author that addresses general questions of litigation strategy, the persistent question of whether the Brown decision mattered, and the legacy of Brown through the Burger and Rehnquist courts.



Unequal Justice

Unequal Justice Author Jerold S. Auerbach
ISBN-10 9780195021707
Release 1977
Pages 395
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Focuses on the elite nature of the profession, with its emphasis on serving business interests and its attempt to exclude participation by minorities.



The Anti Rent Era in New York Law and Politics 1839 1865

The Anti Rent Era in New York Law and Politics  1839 1865 Author Charles W. McCurdy
ISBN-10 9780807860878
Release 2003-06-19
Pages 424
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A compelling blend of legal and political history, this book chronicles the largest tenant rebellion in U.S. history. From its beginning in the rural villages of eastern New York in 1839 until its collapse in 1865, the Anti-Rent movement impelled the state's governors, legislators, judges, and journalists, as well as delegates to New York's bellwether constitutional convention of 1846, to wrestle with two difficult problems of social policy. One was how to put down violent tenant resistance to the enforcement of landlord property and contract rights. The second was how to abolish the archaic form of land tenure at the root of the rent strike. Charles McCurdy considers the public debate on these questions from a fresh perspective. Instead of treating law and politics as dependent variables--as mirrors of social interests or accelerators of social change--he highlights the manifold ways in which law and politics shaped both the pattern of Anti-Rent violence and the drive for land reform. In the process, he provides a major reinterpretation of the ideas and institutions that diminished the promise of American democracy in the supposed "golden age" of American law and politics.



We the People Volume 3

We the People  Volume 3 Author Bruce Ackerman
ISBN-10 9780674416499
Release 2014-03-03
Pages 432
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The Civil Rights Revolution carries Bruce Ackerman's sweeping reinterpretation of constitutional history into the era beginning with Brown v Board of Education. Laws that ended Jim Crow and ensured equal rights at work, in schools, and in the voting booth gained congressional approval only after the American people mobilized their support.



Rehabilitating Lochner

Rehabilitating Lochner Author David E. Bernstein
ISBN-10 9780226043531
Release 2011-05-15
Pages 194
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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.



The Ages of American Law

The Ages of American Law Author Grant Gilmore
ISBN-10 0300023529
Release 1977
Pages 154
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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



Answering the Call of the Court

Answering the Call of the Court Author Vanessa A. Baird
ISBN-10 9780813930442
Release 2008-08-13
Pages 240
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The U.S. Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. Yet scholars know very little about what causes attention to various policy areas to ebb and flow on the Supreme Court’s agenda. Vanessa A. Baird’s Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda represents the first scholarly attempt to connect justices’ priorities, litigants’ strategies, and aggregate policy outputs of the U.S. Supreme Court. Most previous studies on the Supreme Court’s agenda examine case selection, but Baird demonstrates that the agenda-setting process begins long before justices choose which cases they will hear. When justices signal their interest in a particular policy area, litigants respond by sponsoring well-crafted cases in those policy areas. Approximately four to five years later, the Supreme Court’s agenda in those areas expands, with cases that are comparatively more politically important and divisive than other cases the Court hears. From issues of discrimination and free expression to welfare policy, from immigration to economic regulation, strategic supporters of litigation pay attention to the goals of Supreme Court justices and bring cases they can use to achieve those goals. Since policy making in courts is iterative, multiple well-crafted cases are needed for courts to make comprehensive policy. Baird argues that judicial policy-making power depends on the actions of policy entrepreneurs or other litigants who systematically respond to the priorities and preferences of Supreme Court justices.



Ethics and Emerging Technologies

Ethics and Emerging Technologies Author Ronald Sandler
ISBN-10 9781137349088
Release 2016-04-30
Pages 583
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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.



The Supreme Court Reborn

The Supreme Court Reborn Author William E. Leuchtenburg
ISBN-10 019802715X
Release 1996-10-10
Pages 368
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For almost sixty years, the results of the New Deal have been an accepted part of political life. Social Security, to take one example, is now seen as every American's birthright. But to validate this revolutionary legislation, Franklin Roosevelt had to fight a ferocious battle against the opposition of the Supreme Court--which was entrenched in laissez faire orthodoxy. After many lost battles, Roosevelt won his war with the Court, launching a Constitutional revolution that went far beyond anything he envisioned. In The Supreme Court Reborn, esteemed scholar William E. Leuchtenburg explores the critical episodes of the legal revolution that created the Court we know today. Leuchtenburg deftly portrays the events leading up to Roosevelt's showdown with the Supreme Court. Committed to laissez faire doctrine, the conservative "Four Horsemen"--Justices Butler, Van Devanter, Sutherland, and McReynolds, aided by the swing vote of Justice Owen Roberts--struck down one regulatory law after another, outraging Roosevelt and much of the Depression-stricken nation. Leuchtenburg demonstrates that Roosevelt thought he had the backing of the country as he prepared a scheme to undermine the Four Hoursemen. Famous (or infamous) as the "Court-packing plan," this proposal would have allowed the president to add one new justice for every sitting justice over the age of seventy. The plan picked up considerable momentum in Congress; it was only after a change in the voting of Justice Roberts (called "the switch in time that saved nine") and the death of Senate Majority Leader Joseph T. Robinson that it shuddered to a halt. Rosevelt's persistence led to one of his biggest legislative defeats. Despite the failure of the Court-packing plan, however, the president won his battle with the Supreme Court; one by one, the Four Horsemen left the bench, to be replaced by Roosevelt appointees. Leuchtenburg explores the far-reaching nature of FDR's victory. As a consequence of the Constitutional Revolution that began in 1937, not only was the New Deal upheld (as precedent after precedent was overturned), but also the Court began a dramatic expansion of Civil liberties that would culminate in the Warren Court. Among the surprises was Senator Hugo Black, who faced widespread opposition for his lack of qualifications when he was appointed as associate justice; shortly afterward, a reporter revealed that he had been a member of the Ku Klux Klan. Despite that background, Black became an articulate spokesman for individual liberty. William E. Leuchtenburg is one of America's premier historians, a scholar who combines depth of learning with a graceful style. This superbly crafted book sheds new light on the great Constitutional crisis of our century, illuminating the legal and political battles that created today's Supreme Court.



Education s End

Education s End Author Anthony T. Kronman
ISBN-10 9780300138160
Release 2007
Pages 308
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This book describes the ever-escalating dangers to which Jewish refugees and recent immigrants were subjected in France and Italy as the Holocaust marched forward. Susan Zuccotti uncovers a gruelling yet complex history of suffering and resilience through historical documents and personal testimonies from members of nine central and eastern European Jewish families, displaced to France in the opening years of the Second World War. The chronicle of their lives reveals clearly that these Jewish families experienced persecution of far greater intensity than citizen Jews or longtime resident immigrants. The odyssey of the nine families took them from hostile Vichy France to the Alpine village of Saint-Martin-Vesubie and on to Italy, where German soldiers rather than hoped-for Allied troops awaited. Those who crossed over to Italy were either deported to Auschwitz or forced to scatter in desperate flight. Zuccotti brings to light the agonies of the refugees' unstable lives, the evolution of French policies toward Jews, the reasons behind the flight from the relative idyll of Saint-Martin-Vesubie, and the choices that confronted those who arrived in Italy. Powerful archival evidence frames this history, while firsthand reports underscore the human cost of the nightmarish years of persecution.



Hate Speech

Hate Speech Author Samuel Walker
ISBN-10 0803297513
Release 1994
Pages 217
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Offers a chronological history of the U.S. policy on hate speech, which in most other countries is prohibited



Law and Revolution

Law and Revolution Author Nimer Sultany
ISBN-10 9780191081514
Release 2017-11-23
Pages 320
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What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.



Feminism and Its Discontents

Feminism and Its Discontents Author Mari Jo BUHLE
ISBN-10 0674029070
Release 2009-06-30
Pages 452
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With Sigmund Freud notoriously flummoxed about what women want, any encounter between psychoanalysis and feminism would seem to promise a standoff. But in this lively, often surprising history, Mari Jo Buhle reveals that the twentieth century's two great theories of liberation actually had a great deal to tell each other. Starting with Freud's 1909 speech to an audience that included the feminist and radical Emma Goldman, Buhle recounts all the twists and turns this exchange took in the United States up to the recent American vogue of Jacques Lacan. While chronicling the contributions of feminism to the development of psychoanalysis, she also makes an intriguing case for the benefits psychoanalysis brought to feminism. From the first, American psychoanalysis became the property of freewheeling intellectuals and popularists as well as trained analysts. Thus the cultural terrain that Buhle investigates is populated by literary critics, artists and filmmakers, historians, anthropologists, and sociologists--and the resulting psychoanalysis is not so much a strictly therapeutic theory as an immensely popular form of public discourse. She charts the history of feminism from the first wave in the 1910s to the second in the 1960s and into a variety of recent expressions. Where these paths meet, we see how the ideas of Freud and his followers helped further the real-life goals of a feminism that was a widespread social movement and not just an academic phenomenon. The marriage between psychoanalysis and feminism was not pure bliss, however, and Buhle documents the trying moments; most notably the "Momism" of the 1940s and 1950s, a remarkable instance of men blaming their own failures of virility on women. An ambitious and highly engaging history of ideas, Feminism and Its Discontents brings together far-flung intellectual tendencies rarely seen in intimate relation to each other--and shows us a new way of seeing both. Table of Contents: Introduction Feminism, Freudianism, and Female Subjectivity Dissent in Freud's Ranks Culture and Feminine Personality Momism and the Flight from Manhood Ladies in the Dark Feminists versus Freud Feminine Self-in-Relation The Crisis in Patriarchal Authority In the Age of the Vanishing Subject Notes Acknowledgments Index Reviews of this book: Where some feminists have been hostile to psychoanalysis, and some psychoanalysts have been hostile to feminism, Buhle, a MacArthur Fellow and professor at Brown University, finds them linked in their quest to understand selfhood, gender identity, family structures and sexual expression...Feminism and Its Discontents is an excellent guide to the history of these ideas...The struggles of feminism and psychoanalysis may be cyclical, but they are far from over, and far from dull. --Elaine Showalter, Washington Post Book World Reviews of this book: Buhle's project is to uncover the 'continual conversation' that feminism and psychoanalysis have had with one another, to show how they are mutually constitutive. By charting the exchanges between psychoanalysis and feminism, Feminism and Its Discontents corrects the common impression that feminist criticisms fell on deaf, if not disdainful, ears. Buhle takes pains to detail how feminists and their opponents inside and outside psychoanalysis have set the terms for key debates...Buhle is an animated and engaged storyteller. The story she tells--covering nearly a century of the vicissitudes of psychoanalysis and feminism--is full of twists and turns, well-chosen anecdotes and occasional double-crosses. The cast of characters is inspiring, exasperating, remarkable, mercurial, colorful and sometimes slightly loony. Buhle draws them with sympathy and a keen eye for the evocative detail...Buhle writes with zest, touches of humor and energy. Her style is witty and readable...It is no mean feat to avoid ponderous and technical language when writing about psychoanalysis, but she manages it...All told, psychoanalysis and feminism, sometimes in tandem and sometimes at arm's length, have made vital contributions to the question of female selfhood. The 'odd couple' of our century, they share a large part of the responsibility for our particular form of self-consciousness and for the meaning of individuality in modern society. Mari Jo Buhle deftly illuminates how together they advanced the ambiguous and radical project of modern selfhood. --Jeanne Marecek, Women's Review of Books Reviews of this book: Feminism and Its Discontents sets out to unravel the wondrously complex love-hate relationships between--and within--feminism and psychoanalysis, which it sees as the two most important movements of modernity...The twists and tensions in that relationship highlight the continuous arguments around sexual difference and their entanglement in the messy conflicts in women's lives between motherhood and careers, self-realization and gender justice...Buhle leads her readers through the repeated battles over feminism, Freudianism and female subjectivity with exceptional clarity and care. Her book will...serve as a reliable introduction for those who have scant knowledge of the historical ties binding feminism to psychoanalysis [and] is also useful for those...who wish to remind themselves of what they thought they already knew, but may well have forgotten. --Lynn Segal, Radical Philosophy Reviews of this book: Feminism and Its Discontents adds a novel and welcome twist to [the Freud] conversation, the proposition that feminism was so central to Freud's Americanization that the quest for gender equality can be credited with turning psychoanalysis into what we imagine it always was: an enterprise centered on femininity and female sexuality...[Buhle's] assertions are as enticing as they are controversial...The book [is] as relevant for students of feminist politics as for scholars interested in the history of psychoanalysis itself. --Ellen Herman, Journal of American History Reviews of this book: An exhaustively researched and accessibly written account of the intersections and collisions between [psychoanalysis and feminism]...Buhle chronicles the gyrations of history and assesses how social theory influences culture and vice versa. The result is far-reaching, and she is at her best when reflecting on how the mainstream accommodates and interprets the scholarly. Overall, the text promises a lively overview of the mutual benefits derived from a critical coalition between psychoanaylsis and feminism. Highly recommended for all libraries. --Eleanor J. Bader, Library Journal Reviews of this book: [Buhle] bases her intriguing and expansive historical study on the premise that feminism and psychoanalytic theory, each in its own way concerned with understanding the 'self,' developed in continuous dialogue with each other. The author's captivating, energetic writing style reflects the often spirited, surprisingly tenacious relationship of these two theories--from their emergence as 'unlikely bedpartners of Modernism'; through the shifting intellectual patterns of this century and the insidious mother-blaming of the '50s; to the contemporary postmodern paradigm of subjectivity and selfhood. Combining thorough research and incisive analysis, Buhle examines the ongoing discourse among Freudian, new-Freudian, and feminist theorists throughout the century as well as the endless fascination of popular culture with the questions of biology versus culture, difference versus equality. A vital addition to both women's studies and psychology collections. --Grace Fill, Booklist Reviews of this book: Feminism and Its Discontents covers a dazzling spectrum of thinkers and polemicists, ranging from Charlotte Perkins Gilman to Barbara Ehrenreich, with admirable clarity and succinctness. [Buhle's] reach in terms of American [and French] classical, neo-, and post-Freudian writing by men and women on women's psychosexual development is equally impressive...Few scholars would attempt a comprehensive intellectual history on such a charged topic. Buhle has done so in this informative scholarly feat. --Kirkus Reviews Reviews of this book: Buhle has bridged the void between feminism and psychoanalysis with a historian's thorough and penetrating interpretation of theories and thoughts implicit in 20th-century liberation movements. The introduction is clearly developed and carefully documented...Each [chapter] is skillfully organized with extensive references and notes to motivate the astute scholar...There is no question that Buhle has adeptly used a multidisciplinary approach to present ideas and thoughts that give contemporary feminists and post-Freudians another opportunity for dialogue on the terms 'difference' and 'equality.' --G.M. Greenberg, Choice Feminism and psychoanalysis have each been defining moments of this now fading century, and in their tangled relations lie some of its main preoccupations. It takes a historian's eye to unravel this story, and one with the breadth, sympathy, insight, and wit of Mari Jo Buhle to do it justice. Feminism And Its Discontents will undoubtedly stand as the definitive study of the encounter between these two great movements. --Joel Kovel, Bard College, author of Red Hun



The Lost World of Classical Legal Thought

The Lost World of Classical Legal Thought Author William M. Wiecek
ISBN-10 0195147138
Release 2001-02-15
Pages 286
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This book examines legal ideology in America from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.