front cover of The Constitution Besieged
The Constitution Besieged
The Rise & Demise of Lochner Era Police Powers Jurisprudence
Howard Gillman
Duke University Press, 1993
The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." Originally published in cloth by Duke University Press, this book received the 1994 C. Herman Pritchett Award for the "Best Book in the Field of Law and Courts," awarded by the Law and Courts Section of the American Political Science Association.
[more]

front cover of Cop Knowledge
Cop Knowledge
Police Power and Cultural Narrative in Twentieth-Century America
Christopher P. Wilson
University of Chicago Press, 2000
Whether they appear in mystery novels or headline news stories, on prime-time TV or the silver screen, few figures have maintained such an extraordinary hold on the American cultural imagination as modern police officers. Why are we so fascinated with the police and their power? What relation do these pervasive media representations bear to the actual history of modern policing?

Christopher P. Wilson explores these questions by examining narratives of police power in crime news, popular fiction, and film, showing how they both reflect and influence the real strategies of law enforcement on the beat, in the squad room, and in urban politics. He takes us from Theodore Roosevelt's year of reform with the 1890s NYPD to the rise of "community policing," from the classic "police procedural" film The Naked City to the bestselling novels of LAPD veteran Joseph Wambaugh. Wilson concludes by demonstrating the ways in which popular storytelling about police power has been intimately tied to the course of modern liberalism, and to the rising tide of neoconservatism today.

"A thorough, brilliant blend that crosses disciplines."—Choice

"[S]ophisticated, highly theoretical and ambitious. . . . Connects the history of policing to cultural representations of crime, criminals and cops."—Times Literary Supplement

"[A] deeply satisfying approach to the crime narrative. . . . [Wilson] focuses, ultimately, on the role of police power in cultural storytelling."—American Quarterly
[more]

front cover of Disturbing the Peace
Disturbing the Peace
Black Culture and the Police Power after Slavery
Bryan Wagner
Harvard University Press, 2009

W. C. Handy waking up to the blues on a train platform, Buddy Bolden eavesdropping on the drums at Congo Square, John Lomax taking his phonograph recorder into a southern penitentiary—some foundational myths of the black vernacular remain inescapable, even as they come under increasing pressure from skeptics.

In Disturbing the Peace, Bryan Wagner revises the history of the black vernacular tradition and gives a new account of black culture by reading these myths in the context of the tradition’s ongoing engagement with the law. Returning to some familiar examples (trickster tales, outlaw legends, blues lyrics) central to previous studies of the black vernacular expression, Wagner uses an analytic framework he has developed from the historical language of the law to give new and surprising analyses.

Wagner’s work draws both on his deep understanding of history and on a wealth of primary sources that range from novels to cartoons to popular ballads and early blues songs to newspapers and court reports. Through his innovative engagement with them, Wagner gives us a new and deeper understanding of black cultural expression, revealing its basis in the relational workings of African Americans in the social world.

[more]

logo for Pluto Press
The Fabrication of Social Order
A Critical Theory of Police Power
Mark Neocleous
Pluto Press, 2000
Anyone who considers questions of power cannot help but be struck by the ubiquitous nature, emotional force and political pull of the concept of order. The Fabrication of Social Order examines the role of policing in the fabrication of order.

After an initial exploration of the original relationship between police, state power and the question of order, Neocleous focuses on the ways in which eighteenth century liberalism refined and narrowed the concept of the police, a process which masked the power of capital and broader issues of social control. In doing so he challenges the way liberalism came to define policing solely in terms of the question of crime and the rule of law. This liberal definition created a limited and fundamentally misleading understanding of policing which remains in use today.

In contrast, Neocleous argues for an expanded concept of police, adequate to the expansive set of institutions through which policing takes place. These institutions are concerned not just with the maintenance or reproduction of order, but with its fabrication, especially the fabrication of a social order based on wage labour. This project, he argues, should be understood as the project of social security. Grasping this point allows a fuller understanding of the ways in which the state polices and secures civil society, and how order is fabricated through law and administration.
[more]

front cover of Policing Space
Policing Space
Territoriality and the Los Angeles Police Department
Steve Herbert
University of Minnesota Press, 1996
Policing Space is a fascinating firsthand account of how the Los Angeles Police Department attempts to control its vast, heterogeneous territory. As such, the book offers a rare, ground-level look at the relationship between the control of space and the exercise of power. Author Steve Herbert spent eight months observing one patrol division of the LAPD on the job. A compelling story in itself, his fieldwork with the officers in the Wilshire Division affords readers a close view of the complex factors at play in how the police define and control territory, how they make and mark space. A remarkable ethnography of a powerful police department, underscored throughout with telling on-the-scene vignettes, this book is also an unusually intensive analysis of the exercise of territorial power--and of territoriality as a key component of police power. Unique in its application of fieldwork and theory to this complex subject, it should prove valuable to readers in urban and political geography, urban and political sociology, and criminology, as well as those who wonder about the workings of the LAPD. "Gives us the kind of fly-on-the-wall, first person observations that journalists dream of and readers find enthralling. Let's hope the members of the police commission give it a read while they fight the battle Willie Williams lost to reform a department that still very much belongs to Parker and Gates." --LA Weekly Literary Supplement "This book is not a rehash of the time-worn cliches about the LAPD. It is a highly imaginative discussion of the meaning of territoriality in determining how police respond to citizens, to each other, and to their command structure based on space and its relationship to the exercise of power." --Law Enforcement News "This is a fascinating book; well written cogently argued, chock-full of insights about police behavior, and an all-around good read." --Policing: An International Journal of Police Strategies and Management "A fine book and a good read." --Contemporary Sociology "Excellent book. A vivid and compelling analysis of the territoriality of routine police work on the streets of LA. The central argument is as clear as the message on the police tape, namely that territorial action os a fundamental component of everyday police behavior; and it is as authoritative, for it is built upon an intensive period of participant observation with LA cops. There is no doubt that this book is a major interdisciplinary contribution." --Environment and Planning D Society & Space "Is a creative, engaging analysis expressed in a clear theoretical and conceptual framework. Herbert is able to vivdly demonstrate the importance of spatial context to an understanding of social action. With geographic perspectives rapidly growing in importance in policing, this unique contribution is particularly welcome." --Professional Geographer "This book should be widely read, given the current ascendance of law and order culture and increasing demands for the policing of space." --Environment and Planning A Contents Territoriality and the Police The Setting and the Research The Law and Police Territoriality The Bureaucratic Ordering of Police Territoriality Adventure/Machismo and the Attempted Conquest of Space Safety and Police Territoriality Competence in Police Territoriality The Morality of Police Territoriality Making and Marking Space with the LAPD Steve Herbert teaches criminal justice and geography at Indiana University.
[more]

front cover of Regulatory Rights
Regulatory Rights
Supreme Court Activism, the Public Interest, and the Making of Constitutional Law
Larry Yackle
University of Chicago Press, 2007
We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In Regulatory Rights, Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it.  It matters who sits on the Supreme Court, he argues, precisely because justices do create individual constitutional rights.

Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. Regulatory Rights is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary.
[more]

logo for Harvard University Press
Regulatory Takings
Law, Economics, and Politics
William A. Fischel
Harvard University Press, 1995

Are rent controls and zoning regulations unconstitutional? Should the Supreme Court strike down the Endangered Species Act when its administration interferes with the use of private property? These questions are currently debated under the doctrine of regulatory takings, and William Fischel’s book offers a new perspective on the issue.

Regulatory Takings argues that the issue is not so much about the details of property law as it is about the fairness of politics. The book employs jurisprudential theories, economic analysis, historical investigation, and political science to show why local land use regulations, such as zoning and rent control, deserve a higher degree of judicial scrutiny than national regulations. Unlike other books on this topic, Regulatory Takings goes beyond case law to buttress its arguments. Its reality checks range from reviews of statistical evidence to local inquiries about famous takings cases such as Pennsylvania Coal v. Mahon and Lucas v. South Carolina Coastal Commission. The gap between legal theory and on-the-ground practice is one reason that Fischel investigates alternative means of protecting property rights.

Local governments are often deterred from unfairly regulating portable assets by their owners’ threat of “exit” from the jurisdiction. State and federal government regulations are disciplined by property-owner coalitions whose “voice” is clearly audible in the statehouses and in Congress.

Constitutional courts need to preserve their resources for use in areas in which politics is loaded against the property owner. Regulatory Takings advances an economic standard to decide when a local regulation crosses the border from legitimate police power to a taking that requires just compensation for owners who are adversely affected.

[more]


Send via email Share on Facebook Share on Twitter