Recapturing New Deal Lawyers
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Author | : Michael Janeway |
Publisher | : Columbia University Press |
Total Pages | : 316 |
Release | : 2006 |
Genre | : Biography & Autobiography |
ISBN | : 0231131097 |
In the 1930s a band of smart and able young men, some still in their twenties, helped Franklin D. Roosevelt transform an American nation in crisis. They were the junior officers of the New Deal. Thomas G. Corcoran, Benjamin V. Cohen, William O. Douglas, Abe Fortas, and James Rowe helped FDR build the modern Democratic Party into a progressive coalition whose command over power and ideas during the next three decades seemed politically invincible. This is the first book about this group of Rooseveltians and their linkage to Lyndon Johnson's Great Society and the Vietnam War debacle. Michael Janeway grew up inside this world. His father, Eliot Janeway, business editor of Time and a star writer for Fortune and Life magazines, was part of this circle, strategizing and practicing politics as well as reporting on these men. Drawing on his intimate knowledge of events and previously unavailable private letters and other documents, Janeway crafts a riveting account of the exercise of power during the New Deal and its aftermath. He shows how these men were at the nexus of reform impulses at the electoral level with reform thinking in the social sciences and the law and explains how this potent fusion helped build the contemporary American state. Since that time efforts to reinvent government by "brains trust" have largely failed in the U.S. In the last quarter of the twentieth century American politics ceased to function as a blend of broad coalition building and reform agenda setting, rooted in a consensus of belief in the efficacy of modern government. Can a progressive coalition of ideas and power come together again? The Fall of the House of Roosevelt makes such a prospect both alluring and daunting.
Author | : G. Edward White |
Publisher | : Harvard University Press |
Total Pages | : 398 |
Release | : 2000-12-15 |
Genre | : History |
ISBN | : 0674003411 |
In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.
Author | : Gregory S. Alexander |
Publisher | : University of Chicago Press |
Total Pages | : 496 |
Release | : 2008-04-15 |
Genre | : Law |
ISBN | : 0226013529 |
Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
Author | : Roger B. M. Cotterrell |
Publisher | : University of Pennsylvania Press |
Total Pages | : 300 |
Release | : 1992 |
Genre | : Law |
ISBN | : 9780812213935 |
Selected byChoice magazine as an Outstanding Academic Title
Author | : Neil Duxbury |
Publisher | : Clarendon Press |
Total Pages | : 530 |
Release | : 1995-06-08 |
Genre | : Law |
ISBN | : 0191018767 |
This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.
Author | : Laura Kalman |
Publisher | : Yale University Press |
Total Pages | : 388 |
Release | : 1998-08-11 |
Genre | : Law |
ISBN | : 9780300076479 |
Legal scholarship is in a state of crisis, Laura Kalman argues in this history of the most prestigious field in law studies: constitutional theory. Since the time of the New Deal, says Kalman, most law scholars have identified themselves as liberals who believe in the power of the Supreme Court to effect progressive social change. In recent years, however, new political and interdisciplinary perspectives have undermined the tenets of legal liberalism, and liberal law professors have enlisted other disciplines in the attempt to legitimize their beliefs. Such prominent legal thinkers as Cass Sunstein, Bruce Ackerman, and Frank Michelman have incorporated the work of historians into their legal theories and arguments, turning to eighteenth-century republicanism--which stressed communal values and an active citizenry--to justify their goals. Kalman, a historian and a lawyer, suggests that reliance on history in legal thinking makes sense at a time when the Supreme Court repeatedly declares that it will protect only those liberties rooted in history and tradition. There are pitfalls in interdisciplinary argumentation, she cautions, for historians' reactions to this use of their work have been unenthusiastic and even hostile. Yet lawyers, law professors, and historians have cooperated in some recent Supreme Court cases, and Kalman concludes with a practical examination of the ways they can work together more effectively as social activists.
Author | : Jordan A. Schwarz |
Publisher | : Vintage |
Total Pages | : 629 |
Release | : 2011-07-06 |
Genre | : Political Science |
ISBN | : 0307800695 |
This bold new analysis of the New Deal dramatically revises our vision of the Roosevelt legacy -- and of the new relation between government and business it made a central fact of American life. With impressive scholarship and narrative brio, Jordan A. Schwarz persuasively demonstrates that the New Deal's architects sought not merely to save an endangered American capitalism but to integrate economically underdeveloped regions of the nation within the scope of a dynamic state capitalism capable, after World War II, of dominating the global marketplace. As he assesses the contributions of such figures as Supreme Court Justice Louis D. Brandeis, the legal and political "fixer" Thomas G. Corcoran, Texas legislators, Sam Rayburn and Lyndon Johnson, and the quintessential New Deal industrialist Henry Kaiser, Schwarz produces a volume that should be required reading for anyone concerned with current American industrial policy. And he does so with a liveliness and depth of insight that make The New Dealers comparable to the best work of Arthur Schlesinger or Robert Caro.
Author | : |
Publisher | : |
Total Pages | : 1660 |
Release | : 1996 |
Genre | : Law |
ISBN | : |
Author | : Maksymilian Del Mar |
Publisher | : Bloomsbury Publishing |
Total Pages | : 584 |
Release | : 2016-11-17 |
Genre | : Law |
ISBN | : 1509903879 |
This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas.
Author | : Stephen M. Feldman |
Publisher | : NYU Press |
Total Pages | : 407 |
Release | : 1998-08 |
Genre | : Law |
ISBN | : 0814726844 |
Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory. In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in America, either at the time of the constitutional framing or later. In challenging the dominant story of the separation of church and state, Please Don't Wish Me a Merry Christmas follows the historical path of two institutions - the Christian church and the state - from the origins of Christianity forward to the present day. Feldman thus focuses on the workings of power in a specific context: he interprets the development of Christian social power vis-a-vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.