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Enforcing Equality
In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of...
The Forgotten Emancipator
Zietlow explores the ideological origins of Reconstruction and the constitutional changes in this era through the life of James Mitchell Ashley.
The Constitutional Right to Organize
This paper explores the r ...
The Dark Past
The Dark Past offers a historical overview and interpretive guide to all the major cases decided by US Supreme Court that have affected the freedom and rights of Black Americans since 1800. It lends coherence to what could otherwise be a disjointed chronicle of cases and connects the events of the past to the current era of racial inequality.
Conjugal Misconduct
Examines the experiences of couples in controversial unions and the legal and cultural backlash against contested marital arrangements in twentieth-century America. Will appeal to readers studying marriage law, gender, sexuality, class, and race in the US, and those seeking historical insight into the recent debates over the definition of marriage.
American Exceptionalism
A powerful dissection of a core American myth. The idea that the United States is unlike every other country in world history is a surprisingly resilient one. Throughout his distinguished career, Ian Tyrrell has been one of the most influential historians of the idea of American exceptionalism, but he has never written a book focused solely on it until now. The notion that American identity might be exceptional emerged, Tyrrell shows, from the belief that the nascent early republic was not simply a postcolonial state but a genuinely new experiment in an imperialist world dominated by Britain. Prior to the Civil War, American exceptionalism fostered declarations of cultural, economic, and spa...
The Turn to Process
In The Turn to Process, Kunal M. Parker explores the massive reorientation of American legal, political, and economic thinking between 1870 and 1970. Over this period, American conceptions of law, democracy, and markets went from being oriented around truths, ends, and foundations to being oriented around methods, processes, and techniques. No longer viewed as founded in justice and morality, law became a way of doing things centered around legal procedure. Shedding its foundations in the 'people,' democracy became a technique of governance consisting of an endless process of interacting groups. Liberating themselves from the truths of labor, markets and market actors became intellectual and political techniques without necessary grounding in the reality of human behavior. Contrasting nineteenth and twentieth century legal, political, and economic thought, this book situates this transformation in the philosophical crisis of modernism and the rise of the administrative state.
I the People
In practice, because conservatism traditionally relies on negative definition to imagine its exclusion from the American political system, American conservatism ends up defining both 'the people' and the market as forces with a mutual skepticism of an overweening political order. Johnson also tackles the suggestion that conservatives learned to practice identity politics from social progressives. From the beginning, conservatism was an identity politics. U.S. conservatism relied on a rhetoric of victimhood, whether critiquing the liberal Cold War consensus or fears about Barack Obama's electoral success. Finally, the manuscript makes an important contribution to conversations about populism. Just because conservatism invokes 'the people' does not make it a collective, public-facing enterprise. .
Citizenship and Its Exclusions
"A rich and impassioned exploration of the persistence of second-class citizenship in the United States. Roman vividly portrays the injustices concealed by our discourse of equal citizenship."---Gerald Neuman, J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, Harvad Law School --Book Jacket.
Marginal Workers
Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection. In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights.
