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: 4267

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: 9837

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: 3527

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.

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: 6985

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.

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: 3486

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.

The police power

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Author: Ernst Freund

Publisher: Рипол Классик

ISBN: 5875916907

Category: History

Page: 819

View: 9171

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: 5260

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.

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: 6301

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.

Rehabilitating Lochner

Defending Individual Rights Against Progressive Reform

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Author: David E. Bernstein

Publisher: University of Chicago Press

ISBN: 0226043533

Category: History

Page: 194

View: 6344

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 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: 7270

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.

Political Thought and the American Judiciary

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Author: H. L. Pohlman

Publisher: Univ of Massachusetts Press

ISBN: 9780870238307

Category: Law

Page: 326

View: 8441

A collection of readings from over two hundred years of judicial decision-making, this volume explores the changing meaning of the central tenets of American political culture. Organized into chapters on natural law, freedom, democracy, equality, and privacy, the selections address issues ranging from the limits of free speech to the right to die with dignity, from affirmative action to abortion. Together the judges' opinions reflect not only the influence of abstract ideas and ideals on the judiciary, but also the evolution of American political values.H. L. Pohlman introduces each chapter with an essay that traces the genealogy of the principle in question from antiquity to modern times. He also provides headnotes to each chapter subsection explaining the key facts of specific cases. For the most part, however, Pohlman allows the judges to speak for themselves.The opinions included in the book are drawn from state and lower courts as well as from the records of the United States Supreme Court. As a result, while some of the excerpts, such as Chief Justice Earl Warren's majority opinion in Brown v. Board of Education, are well known, others are less familiar. Whatever the source, each provides a unique perspective on the moral and political ambiguities that have shaped American History.

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: 2056

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.

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: 5623

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.

Spheres of Liberty

Changing Perceptions of Liberty in American Culture

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Author: Michael Kammen

Publisher: Univ. Press of Mississippi

ISBN: 1578063949

Category: History

Page: 194

View: 1844

Liberty, one of the most consequential words in our language, is one of the most treasured concepts in American thought--and one of the most intensely debated. Its meaning is constantly shifting, changing not only from one culture to another but also, over time, within the same culture. No two definitions of liberty seem alike. In this subtle and illuminating work Michael Kammen traces the evolving concept of liberty throughout American history and provides a solid framework for understanding the meaning of the term today. He shows that by the early seventeenth century a tension between liberty and authority was well recognized. Throughout the eighteenth century and especially during the American Revolution a bond between liberty and property was asserted. By the end of the eighteenth century this concept of liberty was so well established that it remained dominant throughout the nineteenth. By the early twentieth century, as the notion of social justice gained prominence, liberty and justice were paired frequently, and by midcentury the two had become allied to general American values. Since the 1960s the union of liberty and equality has been the prevailing notion, and achieving them has proved a major objective. In a lively and learned manner Kammen also shows that Americans have subscribed to different definitions of liberty concurrently. Above all, there has been a steady expansion of what is embraced by the concept of liberty. This expansion has created difficulties in public discourse, causing groups to misunderstand one another. On the other hand, interpretations of liberty have broadened to include such concepts as constraints on authority, a right to privacy, and the protection of personal freedoms. In a new preface for this Banner Books edition Kammen responds to evaluations of earlier editions and places his views within the context of more recent studies. Michael Kammen, a professor of American history and culture at Cornell University, is the author of American Culture, American Tastes: Social Change and the 20th Century and In the Past Lane: Historical Perspectives on American Culture.

The Right to Earn a Living

Economic Freedom and the Law

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Author: Timothy Sandefur

Publisher: Cato Institute

ISBN: 1935308343

Category: Political Science

Page: 376

View: 6396

America’s founders thought the right to earn a living was so basic and obvious that it didn’t need to be mentioned in the Bill of Rights. The Right to Earn a Living charts the history of this fundamental human right, from the constitutional system that was designed to protect it by limiting government’s powers, to the Civil War Amendments that expanded protection to all Americans, regardless of race.

Encyclopedia of Democratic Thought

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Author: Paul Barry Clarke,Joe Foweraker

Publisher: Routledge

ISBN: 1136908633

Category: Political Science

Page: 768

View: 3281

Containing almost 200 entries from 'accountability' to the 'Westminster model' the Encyclopedia of Democratic Thought explores all the ideas that matter to democracy past, present and future. It is destined to become the first port-of-call for all students, teachers and researchers of political science interested in democratic ideas, democratic practice, and the quality of democratic governance. The Encyclopedia provides extensive coverage of all the key concepts of democratic thought written by a stellar team of distinguished international contributors. The Encyclopedia draws on every tradition of democratic thought, as well as developing new thinking, in order to provide full coverage of the key democratic concepts and engage with their practical implications for the conduct of democratic politics in the world today. In this way, it brings every kind of democratic thinking to bear on the challenges facing contemporary democracies and on the possibilities of the democratic future. The Encyclopedia is global in scope and responds in detail to the democratic revolution of recent decades. Referring both to the established democratic states of Western Europe, North America and Australasia, and to the recent democracies of Latin America, Eastern and Central Europe, Africa and Asia, classical democratic concerns are related to new democracies, and to important changes in the older democracies. Supplemented by full bibliographical information, extensive cross-referencing and suggestions for further reading, the Encyclopedia of Democratic Thought is a unique work of reference combining the expertise of many of the world's leading political scientists, political sociologists and political philosophers. It will be welcomed as an essential resource for both teaching and for independent study, and as a solid starting point both for further research and wider exploration.