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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.
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.
DIVFocuses on the role facially-neutral labor regulations played in institutionalizing discrimination against African Americans in the period between Reconstruction and the civil rights era./div
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 Daniel Deronda, and Thomas Hardy's Tess of the d'Urbervilles, she argues that although women's disclosures to male confessors repeatedly depict wrongdoing committed against them, they themselves are viewed as the transgressors. Bernstein emphasizes the secularization of confession, but she also places these narratives within the context of the anti-Catholic tract literature of the time. Based on cultural criticism, poststructuralism, and feminist theory, Berns...
In Lawless, George Mason University law professor David E. Bernstein provides a lively, scholarly account of how the Obama administration has undermined the Constitution and the rule of law. Lawless documents how President Barack Obama has presided over one constitutional debacle after another—Obamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; and many more. Violating his own promises to respect the Constitution’s separation of powers, Obama brazenly ignores Congress when it won’t rubber-stamp his initiatives. “We can’t wait,” he intones when amending Obamaca...
This book surveys a dozen scientific issues that have led to public controversy and litigation.
Schema Therapy combines proven cognitive behavioral therapy techniques with elements of interpersonal, experiential, and psychodynamic therapies in order to help people with long-term mental health problems including personality disorders and chronic depression. Schema Therapy suggests that many negative cognitive conditions are based on past experiences, and therefore provides models for challenging and modifying negative thoughts and behaviors in order to provoke change. In this book, Eshkol Rafaeli, David P. Bernstein and Jeffrey Young – pioneers of the Schema Therapy approach – indicate the 30 distinctive features of Schema Therapy, and how the method fits into the broader CBT spectrum. Divided into two parts, Theoretical Points and Practical Points, this book provides a concise introduction for those new to the technique, as well as a discussion of how it differs from the other cognitive behavioral therapies for those experienced in the field.
A witch's curse from beyond the grave! Witch Island used to be feared. Even the bravest would not dare go there. Legend said a witch had been burned alive at the stake, and upon her death she cursed the town. Terrified residents performed rituals to keep her spirit trapped on the island where she was buried. Now, over a hundred years later, a group of high school seniors have decided to forgo the local graduation parties and have a small gathering of their own–on Witch Island. They don't fear the legends. They scoff at them. But the group will soon learn these particular legends are nothing to scoff at. And Witch Island will prove far worse than they could have ever imagined.
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...