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Recalibrating Reform
Some of the most important eras of reform in US history reveal a troubling pattern: often reform is compromised after the initial legislative and judicial victories have been achieved. Thus Jim Crow racial exclusions followed Reconstruction; employer prerogatives resurged after the passage of the Wagner Act in 1935; and after the civil rights reforms of the mid-twentieth century, principles of color-blindness remain dominant in key areas of constitutional law that allow structural racial inequalities to remain hidden or unaddressed. When momentous reforms occur, certain institutions and legal rights will survive the disruption and remain intact, just in different forms. Thus governance in the post-reform period reflects a systematic recalibration or reshaping of the earlier reforms as a result of the continuing influence and power of such resilient institutions and rights. Recalibrating Reform examines this issue and demonstrates the pivotal role of the Supreme Court in post-reform recalibration.
Disenfranchising Democracy
Disenfranchising Democracy examines the exclusions that accompany democratization and provides a theory of the expansion and restriction of voting rights.
No Day in Court
While the majority of the landmark laws and legal precedents expanding access to justice in the United States remain intact, less than 2 percent of civil cases are decided by a trial today. What explains this phenomenon, and why it is so difficult to get one's day in court? This book examines the sustained efforts of political and legal actors to scale back access to the courts in the decades since it was expanded, largely in the service of the rights revolution of the 1950s and 60s.
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.
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.
Living Legislation
Political scholars examine the dynamic evolution of laws over time in a volume that “pushes the frontiers of knowledge about lawmaking in the US” (Choice). Politics is at its most dramatic during debates over important pieces of legislation. And while debates over legislative measures can rage for years or even decades before an item is enacted, they also endure long afterward, when the political legacy of a law eventually comes into focus. With a diverse set of contributors—including quantitative political scientists, political development scholars, historians, and economists—Living Legislation provides fresh insights into contemporary American politics and public policy. Many of th...
The Law as it Could be
The Law As It Could Be gathers Fiss’s most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece—some of which are among the most cited in Twentieth Century legal studies. Fiss surveys the legal terrain between the landmark cases of Brown v. Board of Education and Bush v. Gore to reclaim the legal legacy of the Civil Rights Movement. He argues forcefully for a vision of judges as instruments of public reason and of the courts as a means of shaping society in the image of the Constitution. In building his argument, Fiss attends to topics as diverse as the use of the injunction to restructure social institutions; how law and economics have misunderstood the role of the judge; why the movement seeking alternatives to adjudication fails to serve the public interest; and why Bush v. Gore was not the constitutional crisis some would have us believe. In so doing, Fiss reveals a vision of adjudication that vindicates the public reason on which Brown v. Board of Education was founded.
From Slave Abuse to Hate Crime
This book explores how political debates and legal reforms on criminalization of racial violence have shaped American racial history.
Owning Ideas
This book examines the development of the concept of intellectual property in the United States during the nineteenth century.
