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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.
How the West Was Drawn explores the geographic and historical experiences of the Pawnees, the Iowas, and the Lakotas during the European and American contest for imperial control of the Great Plains during the eighteenth and nineteenth centuries. David Bernstein argues that the American West was a collaborative construction between Native peoples and Euro-American empires that developed cartographic processes and culturally specific maps, which in turn reflected encounter and conflict between settler states and indigenous peoples. Bernstein explores the cartographic creation of the Trans-Mississippi West through an interdisciplinary methodology in geography and history. He shows how the Pawn...
In a misguided attempt to eradicate every vestige of "discrimination" in our society, activists and courts are using antidiscrimination laws to erode civil liberties such as free speech, the free exercise of religion, and freedom of association. Civil rights laws today are being applied in ways that threaten free speech on campus and in the workplace, the right of local community activists to speak out against government policies, the rights of private associations such as the Boy Scouts to determine their membership policies, and even the rights of individuals to choose their roommates.
Susan Bernstein examines the gendered power relationships embedded in confessional literature of the Victorian period. Exploring this dynamic in Charlotte Bronta's Villette, Mary Elizabeth Braddon's Lady Audley's Secret, George Eliot's Da
Images from the golden day of oil and gasoline company advertisements.
We're losing tens of billions of dollars a year on broken software, and great new ideas such as agile development and Scrum don't always pay off. But there's hope. The nine software development practices in Beyond Legacy Code are designed to solve the problems facing our industry. Discover why these practices work, not just how they work, and dramatically increase the quality and maintainability of any software project. These nine practices could save the software industry. Beyond Legacy Code is filled with practical, hands-on advice and a common-sense exploration of why technical practices such as refactoring and test-first development are critical to building maintainable software. Discove...
Through studies of works by three composers, this text seeks to demonstrate that 'assimilating Jewish music' is as much a process audiences themselves engage in when they listen to Jewish music as it is something critics and musicologists do when they write about it.
“With their intellectual brilliance, humor and wonderful eye for detail, Leonard Bernstein’s letters blow all biographies out of the water.”—The Economist (2013 Book of the Year) Leonard Bernstein was a charismatic and versatile musician—a brilliant conductor who attained international superstar status, and a gifted composer of Broadway musicals (West Side Story), symphonies (Age of Anxiety), choral works (Chichester Psalms), film scores (On the Waterfront), and much more. Bernstein was also an enthusiastic letter writer, and this book is the first to present a wide-ranging selection of his correspondence. The letters have been selected for the insights they offer into the passions...