Results by title

460 books match the query 'Law and legislation' and 25 start with w

cover of Waiting for Gautreaux: A Story of Segregation, Housing, and the Black Ghetto

Waiting for Gautreaux

A Story of Segregation, Housing, and the Black Ghetto

Alexander Polikoff

Northwestern University Press, 2007

Winner, 2006 The American Lawyer Lifetime Achievement Award

On his thirty-ninth birthday in 1966, Alexander Polikoff, a volunteer ACLU attorney and partner in a Chicago law firm, met some friends to discuss a pro bono case. Over lunch, the four talked about the Chicago Housing Authority construction program. All the new public housing, it seemed, was going into black neighborhoods. If discrimination was prohibited in public schools, wasn't it also prohibited in public housing?

And so began Gautreaux v. CHA and HUD, a case that from its rocky beginnings would roll on year after year, decade after decade, carrying Polikoff and his colleagues to the nation's Supreme Court (to face then-solicitor general Robert Bork); establishing precedents for suits against the discriminatory policies of local housing authorities, often abetted by HUD; and setting the stage for a nationwide experiment aimed at ending the concentration--and racialization--of poverty through public housing. Sometimes Kafkaesque, sometimes simply inspiring, and never less than absorbing, the story of Gautreaux, told by its principal lawyer, moves with ease through local and national civil rights history, legal details, political matters, and the personal costs--and rewards--of a commitment to fairness, equality, and justice. Both the memoir of a dedicated lawyer, and the narrative of a tenacious pursuit of equality, this story--itself a critical, still-unfolding chapter in recent American history--urges us to take an essential step in ending the racial inequality that Alexis de Toqueville prophetically named America's "most formidable evil."
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cover of Warped Narratives: Distortion in the Framing of Gun Policy

Warped Narratives

Distortion in the Framing of Gun Policy

Melissa K. Merry

University of Michigan Press, 2020

The politics of gun policy in the United States are dramatic. Against the backdrop of daily gun violence—which claims more than 33,000 lives per year—gun control groups push for stronger regulations, while gun rights groups resist infringements upon their Second Amendment rights. To illuminate the dynamics of this polarized debate, Warped Narratives examines how and why interest groups frame the gun violence problem in particular ways, exploring the implication of groups’ framing choices for policymaking and politics. Melissa K. Merry argues that the gun policy arena is warped, and that both gun control and gun rights organizations contribute to the distortion of the issue by focusing on atypical characters and settings in their policy narratives. Gun control groups emphasize white victims, child victims, and mass shootings in suburban locales, while gun rights groups focus on self-defense shootings, highlighting threats to “law-abiding” gun owners. In reality, most gun deaths are the result of suicide. Homicides occur disproportionately in urban areas, mainly affecting racial minorities. While warping makes political sense in the short term, it may lead to negative, long-term consequences, including constraints on groups’ ability to build broad-based coalitions and to reduce prospects for compromise. To demonstrate warping, Merry analyzes nearly 67,000 communications by 15 national gun policy groups between 2000 and 2017 collected from blogs, emails, Facebook posts, and press releases. This book is the first to systematically assess the role of race in gun policy groups’ framing and offers the most comprehensive examination to date of interest groups’ presentation of this issue.

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cover of Wasting a Crisis: Why Securities Regulation Fails

Wasting a Crisis

Why Securities Regulation Fails

Paul G. Mahoney

University of Chicago Press, 2015

The recent financial crisis led to sweeping reforms that inspired countless references to the financial reforms of the New Deal. Comparable to the reforms of the New Deal in both scope and scale, the 2,300-page Dodd-Frank Act of 2010—the main regulatory reform package introduced in the United States—also shared with New Deal reforms the assumption that the underlying cause of the crisis was misbehavior by securities market participants, exacerbated by lax regulatory oversight.

With Wasting a Crisis, Paul G. Mahoney offers persuasive research to show that this now almost universally accepted narrative of market failure—broadly similar across financial crises—is formulated by political actors hoping to deflect blame from prior policy errors. Drawing on a cache of data, from congressional investigations, litigation, regulatory reports, and filings to stock quotes from the 1920s and ’30s, Mahoney moves beyond the received wisdom about the financial reforms of the New Deal, showing that lax regulation was not a substantial cause of the financial problems of the Great Depression. As new regulations were formed around this narrative of market failure, not only were the majority largely ineffective, they were also often counterproductive, consolidating market share in the hands of leading financial firms. An overview of twenty-first-century securities reforms from the same analytic perspective, including Dodd-Frank and the Sarbanes-Oxley Act of 2002, shows a similar pattern and suggests that they too may offer little benefit to investors and some measurable harm.
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cover of Water in the Hispanic Southwest: A Social and Legal History, 1550-1850

Water in the Hispanic Southwest

A Social and Legal History, 1550-1850

Michael C. Meyer

University of Arizona Press, 1984

When Spanish conquistadores marched north from Mexico's interior, they encountered one harsh reality that eclipsed all others: the importance of water in an arid land. Covering a time when legal precedents were being set for many water rights laws, this study contributes much to an understanding of the modern Southwest, especially disputes involving Indian water rights. The paperback edition includes a new afterword by the author which discusses the results of recent research.
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cover of Weimar through the Lens of Gender: Prostitution Reform, Woman's Emancipation, and German Democracy, 1919-33

Weimar through the Lens of Gender

Prostitution Reform, Woman's Emancipation, and German Democracy, 1919-33

Julia Roos

University of Michigan Press, 2010

"This book will make a valuable contribution to the field of German history, as well as the histories of gender and sexuality. The argument that Weimar feminism did bring about tangible gains for women needs to be made, and Roos has done so convincingly."
---Julia Sneeringer, Queens College

Until 1927, Germany had a system of state-regulated prostitution, under which only those prostitutes who submitted to regular health checks and numerous other restrictions on their personal freedom were tolerated by the police. Male clients of prostitutes were not subject to any controls. The decriminalization of prostitution in 1927 resulted from important postwar gains in women's rights; yet this change---while welcomed by feminists, Social Democrats, and liberals—also mobilized powerful conservative resistance. In the early 1930s, the right-wing backlash against liberal gender reforms like the 1927 prostitution law played a fateful role in the downfall of the Weimar Republic and the rise of Nazism.

Weimar through the Lens of Gender combines the political history of early twentieth-century Germany with analytical perspectives derived from the fields of gender studies and the history of sexuality. The book's argument will be of interest to a broad readership: specialists in the fields of gender studies and the history of sexuality, as well as historians and general readers interested in Weimar and Nazi Germany.

Julia Roos is Assistant Professor of History at Indiana University, Bloomington.

Jacket art: "Hamburg, vermutlich St. Pauli, 1920er–30er Jahre," photographer unknown, s/w-Fotografie. (Courtesy of the Museum für Hamburgische Geschichte.)

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cover of What Process is Due?: Courts and Science-Policy Disputes

What Process is Due?

Courts and Science-Policy Disputes

David M. O'Brien

Russell Sage Foundation, 1987

Are judges competent to decide complex scientific disputes over toxic chemicals and hazardous wastes? Have courts gone too far in awarding damages to victims? Does the judiciary unreasonably constrain free market forces and usurp power from democratically elected branches of government? What constitutes judicial "due process" in the regulation of health-safety and environmental risks? David O'Brien addresses these and other key questions in a comprehensive survey of the role of courts in resolving science-policy disputes. He theorizes that such disputes, with their burden of scientific uncertainty and intense value conflict, become judicialized in the United States because they pose an uncomfortable trilemma for policy makers: how to accommodate competing demands for scientific certainty, political compromise, and procedural fairness in the regulation of risks. When policy negotiations break down, courts are called on not to settle scientific controversies per se, but in their traditional role as independent tribunals for settling value conflicts and imposing norms in a pluralistic society. This interpretation is enhanced by a unique set of case studies, including DES and asbestos litigation and the ban on Tris (a carcinogenic flame-retardent). O'Brien's analytical framework and his detailed examples illuminate the extent, the implications, and the underlying causes of the judicialization of risk regulation.
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cover of When Protest Becomes Crime: Politics and Law in Liberal Democracies

When Protest Becomes Crime

Politics and Law in Liberal Democracies

Carolijn Terwindt

Pluto Press, 2019

How does protest become criminalised? Applying an anthropological perspective to political and legal conflicts, Carolijn Terwindt urges us to critically question the underlying interests and logic of prosecuting protesters. The book draws upon ethnographic research in Chile, Spain, and the United States to trace prosecutorial narratives in three protracted contentious episodes in liberal democracies. Terwindt examines the conflict between Chilean landowners and the indigenous Mapuche people, the Spanish state and the Basque independence movement, and the United States' criminalisation of 'eco-terrorists.' Exploring how patterns and mechanisms of prosecutorial narrative emerge through distinct political, social and democratic contexts, Terwindt shines a light on how prosecutorial narratives in each episode changed significantly over time. Challenging the law and justice system and warning against relying on criminal law to deal with socio-political conflicts, Terwindt's observations have implications for a wide range of actors and constituencies, including social movement activists, scholars, and prosecutors.
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cover of When Public Sector Workers Unionize

When Public Sector Workers Unionize

Edited by Richard B. Freeman and Casey Ichniowski

University of Chicago Press, 1988

In the 1980s, public sector unionism has become the most vibrant component of the American labor movement. What does this new "look" of organized labor mean for the economy? Do labor-management relations in the public sector mirror patterns in the private, or do they introduce a novel paradigm onto the labor scene? What can the private sector learn from the success of collective bargaining in the public?

Contributors to When Public Sector Workers Unionize—which was developed from the NBER's program on labor studies—examine these and other questions using newly collected data on public sector labor laws, labor relations practices of state and local governments, and labor market outcomes. Topics considered include the role, effect, and evolution of public sector labor law and the effects that public sector bargaining has on both wage and nonwage issues.

Several themes emerge from the studies in this volume. Most important, public sector labor law has a strong and pervasive effect on bargaining and on wage and employment outcomes in public sector labor markets. Also, public sector unionism affects the economy in ways that are different from, and in many cases opposite to, the ways private sector unionism does, appearing to stimulate rather than reduce employment, reducing rather than increasing layoff rates, and developing innovate ways to settle labor disputes such as compulsory interest arbitration instead of strikes and lockouts found in the private sector.
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cover of When Roe Fell: How Barriers, Inequities, and Systemic Failures of Justice in Abortion Became Visible

When Roe Fell

How Barriers, Inequities, and Systemic Failures of Justice in Abortion Became Visible

Katrina Kimport

Rutgers University Press, 2026

When Roe Fell examines the history, politics, and practical experiences of abortion leading up to the overturning of Roe v. Wade, placing this judicial decision in a longer history of abortion in the United States. Contributors delve into what the end of Roe revealed about abortion seekers, abortion provision, and abortion advocacy, demystifying abortion and abortion research, laying bare common misunderstandings and misinformation, and belying claims that the fall of Roe "changed everything." Moving beyond legal frameworks, this volume is an opportunity to reorient scholarship and understanding about abortion, recognizing what was already true before Roe was overturned and how losing the protections of Roe forced, enabled, and perhaps even facilitated a new era of abortion.
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cover of When Rules Change: The Economics of Retroactivity

When Rules Change

The Economics of Retroactivity

Daniel Shaviro

University of Chicago Press, 2000

Suppose Congress were to change Social Security just before you retired? Or repeal income tax deductions for homeowners? Or institute a flat tax? Should those changes be retroactive? Or should you retain the gains or accept the losses resulting from the new enactments? What kinds of policies might governments adopt in order to mitigate the transitional effects of changing legal rules?

Daniel Shaviro tackles these tough questions, bringing legal, economic, and political perspectives to bear on a persistent problem not often given serious attention. When Rules Change: An Economic and Political Analysis of Transition Relief and Retroactivity focuses on tax law changes to develop an in-depth understanding of the transitional issues inherent in any substantive rule change and also to advance a set of normative policy guidelines applicable to any such circumstance. Shaviro reframes traditional approaches to the problem of retroactivity and offers new insights into both the theory and policy of legislative transitions.
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cover of When Sex Threatened the State: Illicit Sexuality, Nationalism, and Politics in Colonial Nigeria, 1900-1958

When Sex Threatened the State

Illicit Sexuality, Nationalism, and Politics in Colonial Nigeria, 1900-1958

Saheed Aderinto

University of Illinois Press, 2015

Breaking new ground in the understanding of sexuality's complex relationship to colonialism, When Sex Threatened the State illuminates the attempts at regulating prostitution in colonial Nigeria.
 
As Saheed Aderinto shows, British colonizers saw prostitution as an African form of sexual primitivity and a problem to be solved as part of imperialism's "civilizing mission". He details the Nigerian response to imported sexuality laws and the contradictory ways both African and British reformers advocated for prohibition or regulation of prostitution. Tracing the tensions within diverse groups of colonizers and the colonized, he reveals how wrangling over prostitution camouflaged the negotiating of separate issues that threatened the social, political, and sexual ideologies of Africans and Europeans alike.
 
The first book-length project on sexuality in early twentieth century Nigeria, When Sex Threatened the State combines the study of a colonial demimonde with an urban history of Lagos and a look at government policy to reappraise the history of Nigerian public life.
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cover of When the Senate Worked for Us: The Invisible Role of Staffers in Countering Corporate Lobbies

When the Senate Worked for Us

The Invisible Role of Staffers in Countering Corporate Lobbies

Michael Pertschuk

Vanderbilt University Press, 2017

Every politically sentient American knows that Congress has been dominated by special interests, and many people do not remember a time when Congress legislated in the public interest. In the 1960s and '70s, however, lobbyists were aggressive but were countered by progressive senators and representatives, as several books have documented.

What has remained untold is the major behind-the-scenes contribution of entrepreneurial Congressional staff, who planted the seeds of public interest bills in their bosses' minds and maneuvered to counteract the influence of lobbyists to pass laws in consumer protection, public health, and other policy arenas crying out for effective government regulation. They infuriated Nixon's advisor, John Ehrlichman, who called them "bumblebees," a name they wore as a badge of honor.

For his insider account, Pertschuk draws on many interviews, as well as his fifteen years serving on the staff of the Senate Commerce Committee that Senator Warren Magnuson chaired and as the committee's Democratic Staff Director. That committee became, in Ralph Nader's words, "the Grand Central Station for consumer protection advocates."
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cover of Whispered Consolations: Law and Narrative in African American Life

Whispered Consolations

Law and Narrative in African American Life

Jon-Christian Suggs

University of Michigan Press, 2000

African Americans have experienced life under the rule of law in quite different contexts from those of whites, and they have written about those differences in poems, songs, stories, autobiographies, novels, and memoirs. This book examines the tradition of American law as it appears in African American literary life, from pre-Revolutionary murder trials to gangsta rap. The experience, and the critique it produces, changes our pictures of both American law and African American literature.
This study reads the already canonical works of nineteenth- and twentieth-century black literature in the context of their responses to and critiques of American legal history. At the same time, it examines little known texts of African American life, from the urban humor of James D. Corrothers, through the early political essays of Chester Himes, to the adventures of black comic book heroes like Steel, Wise Son, and Xero. These are contextualized within specific legislation and case law, from the slave laws of early Virginia to the Civil Rights Act of 1964, from the case of Phillis and Mark in 1755 to the Simpson trials of the mid 1990s.
Finally, the legal texts presented are themselves critiqued by the fictions and legal analyses of the African Americans who lived out their implications in their daily lives. Through a positing of the legal and cultural concepts of privacy, property, identity, desire and citizenship, and the romantic ideals of authenticity, irony, and innocence, Suggs is able to show how our understanding of American law should be influenced by African American conceptions of it as depicted through literature.
This book will appeal to students and scholars of literary and cultural studies, law and literature, American history, as well as to scholars of African American literature and culture.
Jon-Christian Suggs is Professor of English, John Jay College, City University of New York.
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cover of Who Freed the Slaves?: The Fight over the Thirteenth Amendment

Who Freed the Slaves?

The Fight over the Thirteenth Amendment

Leonard L. Richards

University of Chicago Press, 2015

In the popular imagination, slavery in the United States ended with Abraham Lincoln’s Emancipation Proclamation. The Proclamation may have been limited—freeing only slaves within Confederate states who were able to make their way to Union lines—but it is nonetheless generally seen as the key moment, with Lincoln’s leadership setting into motion a train of inevitable events that culminated in the passage of an outright ban: the Thirteenth Amendment.
 
The real story, however, is much more complicated—and dramatic—than that. With Who Freed the Slaves?, distinguished historian Leonard L. Richards tells the little-known story of the battle over the Thirteenth Amendment, and of James Ashley, the unsung Ohio congressman who proposed the amendment and steered it to passage. Taking readers to the floor of Congress and the back rooms where deals were made, Richards brings to life the messy process of legislation—a process made all the more complicated by the bloody war and the deep-rooted fear of black emancipation. We watch as Ashley proposes, fine-tunes, and pushes the amendment even as Lincoln drags his feet, only coming aboard and providing crucial support at the last minute. Even as emancipation became the law of the land, Richards shows, its opponents were already regrouping, beginning what would become a decades-long—and largely successful—fight to limit the amendment’s impact.
 
Who Freed the Slaves? is a masterwork of American history, presenting a surprising, nuanced portrayal of a crucial moment for the nation, one whose effects are still being felt today.
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cover of Wildlife as Property Owners: A New Conception of Animal Rights

Wildlife as Property Owners

A New Conception of Animal Rights

Karen Bradshaw

University of Chicago Press, 2020

Humankind coexists with every other living thing. People drink the same water, breathe the same air, and share the same land as other animals. Yet, property law reflects a general assumption that only people can own land. The effects of this presumption are disastrous for wildlife and humans alike. The alarm bells ringing about biodiversity loss are growing louder, and the possibility of mass extinction is real. Anthropocentric property is a key driver of biodiversity loss, a silent killer of species worldwide. But as law and sustainability scholar Karen Bradshaw shows, if excluding animals from a legal right to own land is causing their destruction, extending the legal right to own property to wildlife may prove its salvation. Wildlife as Property Owners advocates for folding animals into our existing system of property law, giving them the opportunity to own land just as humans do—to the betterment of all.
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cover of Winning Marriage: The Inside Story of How Same-Sex Couples Took on the Politicians and Pundits—and Won

Winning Marriage

The Inside Story of How Same-Sex Couples Took on the Politicians and Pundits—and Won

Marc Solomon

University Press of New England, 2015

In this updated, paperback edition of Winning Marriage, Marc Solomon, a veteran leader in the movement for marriage equality, gives the reader a seat at the strategy-setting and decision-making table in the campaign to win and protect the freedom to marry. With depth and grace he reveals the inner workings of the advocacy movement that has championed and protected advances won in legislative, court, and electoral battles over the years since the landmark Massachusetts ruling guaranteeing marriage for same-sex couples for the first time. The paperback edition includes a new afterword on the historic 2015 Supreme Court ruling on marriage that includes practical lessons from the marriage campaign that are applicable to other social movements. From the gritty clashes in the state legislatures of Massachusetts and New York to the devastating loss at the ballot box in California in 2008 and subsequent ballot wins in 2012 to the joys of securing President Obama’s support and achieving ultimate victory in the Supreme Court, Marc Solomon has been at the center of one of the great civil and human rights movements of our time. Winning Marriage recounts the struggle with some of the world’s most powerful forces—the Catholic hierarchy, the religious right, and cynical ultraconservative political operatives—and the movement’s eventual triumph.
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cover of With All Deliberate Speed: Implementing Brown v. Board of Education

With All Deliberate Speed

Implementing Brown v. Board of Education

Brian J. Daugherity

University of Arkansas Press, 2008

This is the first effort to provide a broad assessment of how well the Brown v. Board of Education decision that declared an end to segregated schools in the United States was implemented. Written by a distinguished group of historians, the twelve essays in this collection examine how African Americans and their supporters in twelve states—Arkansas, North Carolina, Virginia, South Carolina, Georgia, Mississippi, Florida, Delaware, Missouri, Indiana, Nevada, and Wisconsin—dealt with the Court’s mandate to desegregate “with all deliberate speed.” The process followed many diverse paths.
 
Some of the common themes in these efforts were the importance of black activism, especially the crucial role played by the NAACP; entrenched white opposition to school integration, which wasn’t just a southern state issue, as is shown in Delaware, Wisconsin, and Indiana; and the role of the federal government, a sometimes inconstant and sometimes reluctant source of support for implementing Brown.
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cover of Wives Not Slaves: Patriarchy and Modernity in the Age of Revolutions

Wives Not Slaves

Patriarchy and Modernity in the Age of Revolutions

Kirsten Sword

University of Chicago Press, 2021

Wives not Slaves begins with the story of John and Eunice Davis, a colonial American couple who, in 1762, advertised their marital difficulties in the New Hampshire Gazette—a more common practice for the time and place than contemporary readers might think. John Davis began the exchange after Eunice left him, with a notice resembling the ads about runaway slaves and servants that were a common feature of eighteenth-century newspapers. John warned neighbors against “entertaining her or harbouring her. . . or giving her credit.” Eunice defiantly replied, “If I am your wife, I am not your slave.” With this pointed but problematic analogy, Eunice connected her individual challenge to her husband’s authority with the broader critiques of patriarchal power found in the politics, religion, and literature of the British Atlantic world.

Kirsten Sword’s richly researched history reconstructs the stories of wives who fled their husbands between the mid-seventeenth and early nineteenth centuries, comparing their plight with that of other runaway dependents.  Wives not Slaves explores the links between local justice, the emerging press, and transatlantic political debates about marriage, slavery and imperial power. Sword traces the relationship between the distress of ordinary households, domestic unrest, and political unrest, shedding new light on the social changes imagined by eighteenth-century revolutionaries, and on the politics that determined which patriarchal forms and customs the new American nation would—and would not—abolish.
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cover of Women and Workplace Discrimination: Overcoming Barriers to Gender Equality

Women and Workplace Discrimination

Overcoming Barriers to Gender Equality

Gregory, Raymond F

Rutgers University Press, 2002

Attorney Raymond F. Gregory addresses the millions of women who think they might be facing sexual discrimination and explains federal measures enacted to assist workers in contesting unlawful employer conduct. He presents actual court cases to demonstrate the ways that women have challenged their employers. The cases illustrate legal principles in real-life experiences. Many of the cases relate compelling stories of workers caught up in a web of employer discriminatory conduct. Gregory has eliminated legal jargon, ensuring that all concepts are clear to his readers. Individuals will turn to this book again and again to obtain authoritative background on this important topic.

Topics covered include:

  • The increasing incidence of sexual harassment in the workplace
  • Common forms of sex discrimination
  • Discrimination against older women
  • Discrimination against women of color
  • Discrimination against women in the professions
  • Discrimination against pregnant women
  • Discrimination against women with children
  • Sex discrimination in hiring, promotion, termination
  • Employer liability for workplace sexual harassment
  • Employer retaliation against workers
  • Proving sex discrimination in the courtroom
  • Compensatory and punitive damages
  • Back pay, front pay, and other remedies
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cover of Women and Workplace Discrimination: Overcoming Barriers to Gender Equality

Women and Workplace Discrimination

Overcoming Barriers to Gender Equality

Gregory, Raymond F

Rutgers University Press, 2002

Attorney Raymond F. Gregory addresses the millions of women who think they might be facing sexual discrimination and explains federal measures enacted to assist workers in contesting unlawful employer conduct. He presents actual court cases to demonstrate the ways that women have challenged their employers. The cases illustrate legal principles in real-life experiences. Many of the cases relate compelling stories of workers caught up in a web of employer discriminatory conduct. Gregory has eliminated legal jargon, ensuring that all concepts are clear to his readers. Individuals will turn to this book again and again to obtain authoritative background on this important topic.

Topics covered include:

  • The increasing incidence of sexual harassment in the workplace
  • Common forms of sex discrimination
  • Discrimination against older women
  • Discrimination against women of color
  • Discrimination against women in the professions
  • Discrimination against pregnant women
  • Discrimination against women with children
  • Sex discrimination in hiring, promotion, termination
  • Employer liability for workplace sexual harassment
  • Employer retaliation against workers
  • Proving sex discrimination in the courtroom
  • Compensatory and punitive damages
  • Back pay, front pay, and other remedies
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cover of Women and the Law

Women and the Law

Susan Atkins and Brenda Hoggett

University of London Press, 2018

Women and the Law is a pioneering study of the way in which the law has treated women – at work, in the family, in matters of sexuality and fertility, and in public life. It was first published in 1984 by Susan Atkins and Brenda Hoggett, then University teachers. The authors examine the origins of British law’s attitude to women, trace the development of the law and ways in which it reflects the influence of economic, social and political forces and the dominance of men. They illustrate the tendency, despite formal equality, for deep-rooted problems of encoded gender inequality to remain. Since 1984 the authors have achieved distinguished careers in law and public service. This 2018 Open Access edition provides a timely opportunity to revisit their ground-breaking analysis and reflect on how much has changed, and how much has stayed the same. 
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cover of Workers against the City: The Fight for Free Speech in Hague v. CIO

Workers against the City

The Fight for Free Speech in Hague v. CIO

Donald W. Rogers

University of Illinois Press, 2020

The 1939 Supreme Court decision Hague v. CIO was a constitutional milestone that strengthened the right of Americans, including labor organizers, to assemble and speak in public places. Donald W. Rogers eschews the prevailing view of the case as a morality play pitting Jersey City, New Jersey, political boss Frank Hague against the Committee for Industrial Organization (CIO) and allied civil libertarian groups. Instead, he draws on a wide range of archives and evidence to re-evaluate Hague v. CIO from the ground up. Rogers's review of the case from district court to the Supreme Court illuminates the trial proceedings and provides perspectives from both sides. As he shows, the economic, political, and legal restructuring of the 1930s refined constitutional rights as much as the court case did. The final decision also revealed that assembly and speech rights change according to how judges and lawmakers act within the circumstances of a given moment.
 
Clear-eyed and comprehensive, Workers against the City revises the view of a milestone case that continues to impact Americans' constitutional rights today.
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cover of Workfare or Fair Work: Women, Welfare, and Government Work Programs

Workfare or Fair Work

Women, Welfare, and Government Work Programs

Nancy E Rose

Rutgers University Press, 1995

Can the welfare system  in the United States accord people dignity? That question is often left out of the current debates over welfare and workfare. In this provocative book, Nancy Rose argues that the United States has been successful in the past––notably during the New Deal and in the 1970s––at shaping programs that gave people “fair work.”           
However, as Rose documents, those innovative job creation programs were voluntary and were mainly directed at putting men back to work. Women on welfare, and especially women of color,  continue to be forced into a very different kind of program: mandatory, punitive, and demeaning. Such workfare programs are set up for failure. They rarely train women for jobs with futures, they ignore the needs of the women’s families, and they do not pay an honest wage. They perpetuate poverty rather than prevent it.           

Rose uses the history of U.S. job creation programs to show alternatives to mandatory workfare. Any effort to redesign welfare in America needs to pay close attention to the lessons drawn from this perceptive analysis of the history of women, welfare, and work. This is an indispensable book for students, scholars, policymakers, politicians, and activists––for everyone who knows the system is broken and wants to fix it.

 

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cover of Working Law: Courts, Corporations, and Symbolic Civil Rights

Working Law

Courts, Corporations, and Symbolic Civil Rights

Lauren B. Edelman

University of Chicago Press, 2016

Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it?

One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
 
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cover of Wrestling with Diversity

Wrestling with Diversity

Sanford Levinson

Duke University Press, 2003

“Diversity” has become a mantra within discussions of university admissions policies and many other arenas of American society. In the essays collected here, Sanford Levinson, a leading scholar of constitutional law and American government, wrestles with various notions of diversity. He begins by explaining why he finds the concept to be almost useless as a genuine guide to public policy. Discussing affirmative action in university admissions, including the now famous University of Michigan Law School case, he argues both that there may be good reasons to use preferences—including race and ethnicity—and that these reasons have relatively little to do with any cogently developed theory of diversity. Distinguished by Levinson’s characteristic open-mindedness and willingness to tease out the full implications of various claims, each of these nine essays, written over the past decade, develops a case study focusing on a particular aspect of public life in a richly diverse, and sometimes bitterly divided, society.

Although most discussions of diversity have focused on race and ethnicity, Levinson is particularly interested in religious diversity and its implications. Why, he asks, do arguments for racial and ethnic diversity not also counsel a concern to achieve religious diversity within a student body? He considers the propriety of judges drawing on their religious views in making legal decisions and the kinds of questions Senators should feel free to ask nominees to the federal judiciary who have proclaimed the importance of their religion in structuring their own lives. In exploring the sense in which Sandy Koufax can be said to be a “Jewish baseball player,” he engages in broad reflections on professional identity. He asks whether it is desirable, or even possible, to subordinate merely "personal" aspects of one’s identity—religion, political viewpoints, gender—to the impersonal demands of the professional role. Wrestling with Diversity is a powerful interrogation of the assumptions and contradictions underlying public life in a multicultural world.

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