Liberty of Contract

Rediscovering a Lost Constitutional Right

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Author: David N. Mayer

Publisher: Cato Institute

ISBN: 1935308408

Category: Law

Page: 165

View: 695

Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.

Reinventing Free Labor

Padrones and Immigrant Workers in the North American West, 1880-1930

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Author: Gunther Peck

Publisher: Cambridge University Press

ISBN: 9780521778190

Category: Business & Economics

Page: 293

View: 1614

This 2000 study is of the history of the padrone, a mafia-like immigrant boss who allegedly enslaved his compatriots.

The Constitution and the New Deal

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Author: G. Edward WHITE

Publisher: Harvard University Press

ISBN: 9780674008311

Category: Law

Page: 385

View: 6404

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.

Liberty, Property, and the Future of Constitutional Development

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Author: Ellen Frankel Paul,Howard Dickman

Publisher: SUNY Press

ISBN: 9780791403037

Category: Law

Page: 341

View: 9290

This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930's, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the "double standard." The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.

Cengage Advantage Books: Business Law Today: The Essentials

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Author: Roger Miller,Gaylord Jentz

Publisher: Cengage Learning

ISBN: 0324654545

Category: Business & Economics

Page: 928

View: 7867

Interesting, clear, and applied, BUSINESS LAW TODAY: THE ESSENTIALS is your concise guide to the law and what it means in the business world--from contracts and secured transactions to warranties and government regulations. Easy to understand with an engaging writing style that is matched by vibrant visuals, BUSINESS LAW TODAY includes coverage of contemporary topics that impact not only the business world, but your life--from the USA Patriot Act's effect on constitutional rights to the national Do Not Call registry. Fascinating features and intriguing cases highlight the material's practicality. The text's companion website includes resources to help you study, such as sample answers to the end-of-chapter case problem features; videos clips for use with in-text video questions; Internet exercises; and interactive quizzes for every chapter. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Social Contract Theory in American Jurisprudence

Too Much Liberty and Too Much Authority

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Author: Thomas R. Pope

Publisher: Routledge

ISBN: 1135935254

Category: Political Science

Page: 126

View: 6424

Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.

The Promises of Liberty

The History and Contemporary Relevance of the Thirteenth Amendment

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Author: Alexander Tsesis

Publisher: Columbia University Press

ISBN: 0231520131

Category: History

Page: 448

View: 7248

In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.

The police power

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Author: Ernst Freund

Publisher: Рипол Классик

ISBN: 5875916907

Category: History

Page: 819

View: 9122

College Edition.

A Treatise on State and Federal Control of Persons and Property in the United States

Considered from Both a Civil and Criminal Standpoint

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Author: Christopher Gustavus Tiedeman

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772298

Category: Law

Page: 1274

View: 4939

Tiedeman, Christopher G. A Treatise on State and Federal Control of Persons and Property in the United States Considered from both a Civil and Criminal Standpoint. St. Louis: The F.H. Thomas Law Book Co., 1900. Two volumes. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-229-8. Cloth. $195. * A conservative jurist known for his important study A Treatise on the Limitations of Police Power in the United States Considered from Both a Civil and Criminal Standpoint, Tiedeman [1857-1903] completed this work at a time when the spirit of social and economic laissez-faire of the Gilded Age was giving way to demands for greater degrees of governmental regulation in response to the emergence of modern corporate capitalism and, especially, the rapid growth of Socialism, Communism, and Anarchism. For Tiedeman, the fundamental issue is the need to control these groups in the interests of public order while preserving their rights of self-determination as guaranteed by the Constitution. He was optimistic that popular faith in the Constitution is strong enough to maintain this delicate balance.

Constitutional Protection of Private Property and Freedom of Contract

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Author: Richard Allen Epstein

Publisher: Taylor & Francis US

ISBN: 9780815335597

Category: Law

Page: 2032

View: 7597

The wide collection of disciplines and periods represented in this five-volume set make it an ideal companion for courses in intellectual and legal history, political history, economic history, and common and constitutional law. The essays involved offer insightful understanding into the evolution of liberty and property in ways that are accessible to students without a strong technical background in economics, philosophy, or law. They contain probing evaluations of the central problems of legal and political thought that should prove of value to advanced students and specialists in these fields. Volumes also available individually. Volume 1. Classical Foundations of Liberty and Property (0-8153-3555-5) Volume 2. Modern Understanding of Liberty and Property (0-8153-3556-3) Volume 3. Private and Common Property (0-8153-3557-1) Volume 4. Contract-Freedom and Restraint (0-8153-3558-X) Volume 5. Constitutional Protection of Private Property and Freedom of Contract (0-8153-3559-8)

The Corporate Reconstruction of American Capitalism, 1890-1916

The Market, the Law, and Politics

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Author: Martin J. Sklar

Publisher: Cambridge University Press

ISBN: 9780521313827

Category: Business & Economics

Page: 484

View: 8851

At the turn of the twentieth century American politics underwent a profound change, as both regulatory minimalism and statist command were rejected in favor of positive government engaged in both regulatory and distributive roles. Through a fresh examination of the judicial, legislative, and political aspects of the antitrust debates in the years from 1890-1916, Martin Sklar shows that the arguments did not arise simply because of competition versus combination, but because of the larger question of the proper relations between government and the market and between state and society.

The Limits of Freedom of Contract

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Author: Michael J. Trebilcock

Publisher: Harvard University Press

ISBN: 9780674534308

Category: Law

Page: 310

View: 7218

Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge.

Das Europa Lateinamerikas

Aspekte einer 500jährigen Wechselbeziehung

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Author: Christoph Strosetzki

Publisher: Franz Steiner Verlag

ISBN: 9783515055185

Category: History

Page: 153

View: 1764

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An Existential Phenomenology of Law: Maurice Merleau-Ponty

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Author: William S. Hamrick

Publisher: Springer Science & Business Media

ISBN: 9401707073

Category: Philosophy

Page: 246

View: 9899

The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Merleau-Ponty had written a phenomenology of law, what would it have looked like? But this scholarly enterprise, although impeccable in itself, is also transcended by a more complicated concern for a very different sort of question. Namely, if Merleau-Ponty's phenomenological descriptions of the social world are correct-as I believe they largely are-then what are the philosophical consequences for an adequate understanding of law? Such a project may well occasion a certain surprise amongst observers of the contemporary philosophical landscape, at least in what concerns the terrain of continental thought, and for two different reasons. The first is that, although interest in Merleau-Ponty's work remains strong in the· United States and Can ada, his philosophical standing in his own country has been largely eclipsed! by that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by various Marxist philosophies and critical social theories; and finally by those doing her meneutics of language. In my view, current neglect of Merleau-Ponty's thought in France is most regrettable.

Rethinking the New Deal Court

The Structure of a Constitutional Revolution

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Author: Barry Cushman

Publisher: Oxford University Press

ISBN: 9780195354010

Category: Law

Page: 336

View: 9481

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.

A History of American Law, Revised Edition

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Author: Lawrence M. Friedman

Publisher: Simon and Schuster

ISBN: 9781451602661

Category: Law

Page: 784

View: 1559

A History of American Law has become a classic for students of law, American history and sociology across the country. In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices and attitudes toward property, slavery, government, crime and justice. Now Professor Friedman has completely revised and enlarged his landmark work, incorporating a great deal of new material. The book contains newly expanded notes, a bibliography and a bibliographical essay.