Author:
Publisher: University of Pennsylvania Press
Total Pages: 196
Release:
Genre:
ISBN: 1606181173

Enterprise and American Law, 1836-1937

Enterprise and American Law, 1836-1937
Author: Herbert Hovenkamp
Publisher: Harvard University Press
Total Pages: 470
Release: 2009-06-01
Genre: Law
ISBN: 9780674038837

In this integration of law and economic ideas, Herbert Hovenkamp charts the evolution of the legal framework that regulated American business enterprise from the time of Andrew Jackson through the first New Deal. He reveals the interdependent relationship between economic theory and law that existed in these decades of headlong growth and examines how this relationship shaped both the modern business corporation and substantive due process. Classical economic theory--the cluster of ideas about free markets--became the guiding model for the structure and function of both private and public law. Hovenkamp explores the relationship of classical economic ideas to law in six broad areas related to enterprise in the nineteenth and early twentieth centuries. He traces the development of the early business corporation and maps the rise of regulated industry from the first charterbased utilities to the railroads. He argues that free market political economy provided the intellectual background for constitutional theory and helped define the limits of state and federal regulation of business behavior. The book also illustrates the unique American perspective on political economy reflected in the famous doctrine of substantive due process. Finally, Hovenkamp demonstrates the influence of economic theory on labor law and gives us a reexamination of the antitrust movement, the most explicit intersection of law and economics before the New Deal. Legal, economic, and intellectual historians and political scientists will welcome these trenchant insights on an influential period in American constitutional and corporate history.

American Fair Trade

American Fair Trade
Author: Laura Phillips Sawyer
Publisher: Cambridge University Press
Total Pages: 394
Release: 2018-01-11
Genre: History
ISBN: 1108548040

Rather than viewing the history of American capitalism as the unassailable ascent of large-scale corporations and free competition, American Fair Trade argues that trade associations of independent proprietors lobbied and litigated to reshape competition policy to their benefit. At the turn of the twentieth century, this widespread fair trade movement borrowed from progressive law and economics, demonstrating a persistent concern with market fairness - not only fair prices for consumers but also fair competition among businesses. Proponents of fair trade collaborated with regulators to create codes of fair competition and influenced the administrative state's public-private approach to market regulation. New Deal partnerships in planning borrowed from those efforts to manage competitive markets, yet ultimately discredited the fair trade model by mandating economy-wide trade rules that sharply reduced competition. Laura Phillips Sawyer analyzes how these efforts to reconcile the American tradition of a well-regulated society with the legacy of Gilded Age of laissez-faire capitalism produced the modern American regulatory state.

The Law of Combinations Embracing Monopolies, Trusts, and Combinations of Labor and Capital

The Law of Combinations Embracing Monopolies, Trusts, and Combinations of Labor and Capital
Author: Arthur Jerome Eddy
Publisher: Andesite Press
Total Pages: 716
Release: 2015-08-11
Genre:
ISBN: 9781298669735

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