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America searched for an answer to "The Labor Question" during the Progressive Era in an effort to avoid the unrest and violence that flared so often in the late nineteenth and early twentieth century. In the ladies' garment industry, a unique experiment in industrial democracy brought together labor, management, and the public. As Richard Greenwald explains, it was an attempt to "square free market capitalism with ideals of democracy to provide a fair and just workplace." Led by Louis Brandeis, this group negotiated the "Protocols of Peace." But in the midst of this experiment, 146 mostly young, immigrant women died in the Triangle Factory Fire of 1911. As a result of the fire, a second, int...
A discussion of current trends in the constitutional protection of economic liberties. 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. --From publisher description.
This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association” undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions of our constitutional tradition.
In this volume, Michael P. Malone provides a succinct interpretive biography of James J. Hill, the "Empire Builder"-so called for his work in developing the region of the United States between the Great Lakes and the Pacific Northwest. Malone explores Hill's complex life and personality, his activities and interests, and recreates both the story of the railroad race to the Pacific and the complex interactions involved in the development of the region. "Michael Malone has written a model. . . .interpretative biography of James J. Hill. He has drawn on the research of others, published and unpublished, as he says, but also on his own knowledge of American economic development in Hill's time as a leading historian of mining and of a state in whose development Hill's railroads were major factors." -Earl Pomeroy, Professor of History, Retired, University of Oregon and University of California, San Diego
Outspoken and controversial, Stephen Field served on the Supreme Court from his appointment by Lincoln in 1863 through the closing years of the century. No justice had ever served longer on the Court, and few were as determined to use the Court to lead the nation into a new and exciting era. Paul Kens shows how Field ascended to such prominence, what influenced his legal thought and court opinions, and why both are still very relevant today. One of the famous gold rush forty-niners, Field was a founder of Marysville, California, a state legislator, and state supreme court justice. His decisions from the state bench and later from the federal circuit court often placed him in the middle of te...
If the University had a constitution, would it contain a free speech provision such as exists in the U.S. Constitution? The author develops in some detail the idea of the University as a special social institution that has as its goal the dissemination and advancement of knowledge.Free Speech on Campus examines the arguments, pro and con, concerning appropriate standards of discourse and expression that are particularly germane to the campus context, public or private, whether or not they are constitutionally enforceable. Students and teachers in every discipline will find this book engaging and illuminating; it is especially relevant for ethicists and philosophers of education.
While slavery is often at the heart of debates over the causes of the Civil War, historians are not agreed on precisely what aspect of slavery--with its various social, economic, political, cultural, and moral ramifications--gave rise to the sectional rift. In Calculating the Value of the Union, James Huston integrates economic, social, and political history to argue that the issue of property rights as it pertained to slavery was at the center of the Civil War. In the early years of the nineteenth century, southern slaveholders sought a national definition of property rights that would recognize and protect their ownership of slaves. Northern interests, on the other hand, opposed any nation...
Property: Values and Institutions, by Hanoch Dagan, offers an original understanding of property, different from the dominant voices in the field, yet loyal to the practice of property. It rejects the misleading dominant binarism in which property is either one monistic form, structured around Blackstone's (in)famous formula of sole and despotic dominion, or a formless bundle of rights. Instead, it conceptualizes property as an umbrella for a set of institutions bearing a mutual family resemblance. It resists the prevailing tendency to discuss property through the prism of only one particular value, notably efficiency. Dagan argues that property can, and should, serve a pluralistic set of li...