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Reprint of the original, first published in 1857.
No enterprise is so seductive as a railroad for the influence it exerts, the power it gives, and the hope of gain it offers.—Poor's Manual of Railroads (1900) At its peak, the railroad was the Internet of its day in its transformative impact on American life and law. A harbinger and promoter of economic empire, it was also the icon of a technological revolution that accelerated national expansion and in the process transformed our legal system. James W. Ely Jr., in the first comprehensive legal history of the rail industry, shows that the two institutions-the railroad and American law-had a profound influence on each other. Ely chronicles how "America's first big business" impelled the creation of a vast array of new laws in a country where long-distance internal transport had previously been limited to canals and turnpikes. Railroads, the first major industry to experience extensive regulation, brought about significant legal innovations governing interstate commerce, eminent domain, private property, labor relations, and much more. Much of this development was originally designed to serve the interests of the railroads themselves but gradually came to contest and control the industry's power and exploitative tendencies. As Ely reveals, despite its great promise and potential as an engine of prosperity and uniter of far-flung regions, the railroad was not universally admired. Railroads uprooted people, threatened local autonomy, and posed dangers to employees and the public alike-situations with unprecedented legal ramifications. Ely explores the complex and sometimes contradictory ways in which those ramifications played out, as railroads crossed state lines and knitted together a diverse nation with thousands of miles of iron rail. Epic in its scope, Railroads and American Law makes a complex subject accessible to a wide range of readers, from legal historians to railroad buffs, and shows the many ways in which a powerful industry brought change and innovation to America.
The telegraph and the telephone were the first electrical communications networks to become hallmarks of modernity. Yet they were not initially expected to achieve universal accessibility. In this pioneering history of their evolution, Richard R. John demonstrates how access to these networks was determined not only by technological imperatives and economic incentives but also by political decision making at the federal, state, and municipal levels. In the decades between the Civil War and the First World War, Western Union and the Bell System emerged as the dominant providers for the telegraph and telephone. Both operated networks that were products not only of technology and economics but also of a distinctive political economy. Western Union arose in an antimonopolistic political economy that glorified equal rights and vilified special privilege. The Bell System flourished in a progressive political economy that idealized public utility and disparaged unnecessary waste. The popularization of the telegraph and the telephone was opposed by business lobbies that were intent on perpetuating specialty services. In fact, it wasnÕt until 1900 that the civic ideal of mass access trumped the elitist ideal of exclusivity in shaping the commercialization of the telephone. The telegraph did not become widely accessible until 1910, sixty-five years after the first fee-for-service telegraph line opened in 1845. Network Nation places the history of telecommunications within the broader context of American politics, business, and discourse. This engrossing and provocative book persuades us of the critical role of political economy in the development of new technologies and their implementation.
Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.
Reprint of the original, first published in 1872.