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The Taming of Free Speech
In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in ...
Nitzotz
Under the brutal conditions of the Dachau-Kaufering concentration camp, a handful of young Jews resolved to resist their Nazi oppressors. Their weapons were their words. During the Soviet occupation of Kovno and, after the German invasion, within the Kovno ghetto, the members of Irgun Brith Zion circulated an underground journal, Nitzotz (Spark). In its pages, they debated Zionist politics and laid plans for postwar settlement in Palestine. When the Kovno ghetto was liquidated, several contributors to Nitzotz were deported to the Kaufering satellite camps of Dachau. Against all odds, they did not lay down their pens. Nitzotz is the only Hebrew-language publication known to have appeared cons...
Legalizing the Revolution
Theorizes the project of instituting a postcolonial order following decolonization, though an account of the Indian constitution.
In Between and Across
In Between and Across acknowledges the boundaries that have separated different modes of historical inquiry, but views law as a way of talking across them. It recognizes that legal history allows scholars to talk across many boundaries, such as those between markets and politics, between identity and state power, as well as between national borders and the flows of people, capital and ideas around the world.
Cannons and Codes
This edited volume on war in law and literature addresses the many ways in which war affects human society and the many groups of people whose lives are affected by war. The essays, by preeminent scholars, discuss the ways in which literary works can shed light on legal thinking about war, and how a deep understanding of law can lead to interpretive insights on literary works. Some concern the lives of soldiers; others focus on civilians living in war zones, whoare caught up in the conflict; still others address themselves to the home front, far from the theatre of war. By collecting such diverse perspectives, with contributions from preeminent scholars of philosophy, literature, and law, this volume aims to show how literature has reflected the totalizingnature of war and the ways in which it distorts law across domains.
Rehabilitating Lochner
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.
Rights Delayed
Progressive unions flourished in the 1930s by working alongside federal agencies created during the New Deal. Yet in 1950, few progressive unions remained. Why? Most scholars point to domestic anti-communism and southern conservatives in Congress as the forces that diminished the New Deal state, eliminated progressive unions, and destroyed the radical potential of American liberalism. Rights Delayed: The American State and the Defeat of Progressive Unions argues that anti-communism and Congressional conservatism merely intensified the main reason for the decline of progressive unions: the New Deal state's focus on legal procedure. Initially, progressive unions thrived by embracing the proced...
Not Enough
Jacobin legacy: the origins of social justice -- National welfare and the universal declaration -- FDR's second bill -- Globalizing welfare after empire -- Basic needs and human rights -- Global ethics from equality to subsistence -- Human rights in the neoliberal maelstrom
Almost Citizens
Tells the tragic story of Puerto Ricans who sought the post-Civil War regime of citizenship, rights, and statehood but instead received racist imperial governance.
Human Rights in Twentieth-Century Australia
Human rights in Australia have a contested and controversial history, the nature of which informs popular debates to this day.
