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Stuart Chinn highlights this phenomenon, dubbed 'recalibration', as a regular companion to reform, and highlights the barriers to, and possibilities for, change in American politics.
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 history of Louisiana from slavery until the Civil Rights Act of 1964 shows that unique influences within the state were responsible for a distinctive political and social culture. In New Orleans, the most populous city in the state, this was reflected in the conflict that arose on segregated streetcars that ran throughout the crescent city. This study chronologically surveys segregation on the streetcars from the antebellum period in which black stereotypes and justification for segregation were formed. It follows the political and social motivation for segregation through reconstruction to the integration of the streetcars and the white resistance in the 1950s while examining the changi...
Since the early 1990s, the federal role in education-exemplified by the controversial No Child Left Behind Act (NCLB)-has expanded dramatically. Yet states and localities have retained a central role in education policy, leading to a growing struggle for control over the direction of the nation's schools. In An Education in Politics, Jesse H. Rhodes explains the uneven development of federal involvement in education. While supporters of expanded federal involvement enjoyed some success in bringing new ideas to the federal policy agenda, Rhodes argues, they also encountered stiff resistance from proponents of local control. Built atop existing decentralized policies, new federal reforms raise...
The entity that became the Yale Law School started life early in the nineteenth century as a proprietary school, operated as a sideline by a couple of New Haven lawyers. The New Haven school affiliated with Yale in the 1820s, but it remained so frail that in 1845 and again in 1869 the University seriously considered closing it down. From these humble origins, the Yale Law School went on to become the most influential of American law schools. In the later nineteenth century the School instigated the multidisciplinary approach to law that has subsequently won nearly universal acceptance. In the 1930s the Yale Law School became the center of the jurisprudential movement known as legal realism, ...
Zietlow explores the ideological origins of Reconstruction and the constitutional changes in this era through the life of James Mitchell Ashley.
Examines pretrial rituals of accusation that enabled colonial law and order to support possessive settler-colonialism across western Canada.
Forging Rivals tells the story of the rise and fall of postwar liberalism, vividly recounting the attempts of working people, labor lawyers, and civil rights litigators to create a legal system that promoted both economic opportunity and racial egalitarianism.
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.
Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.