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In the 1830s, the French aristocrat Alexis de Tocqueville warned that "insufferable despotism" would prevail if America ever acquired a national administrative state. Today's Tea Partiers evidently believe that, after a great wrong turn in the early twentieth century, Tocqueville's nightmare has come true. In those years, it seems, a group of radicals, seduced by alien ideologies, created vast bureaucracies that continue to trample on individual freedom. In Tocqueville's Nightmare, Daniel R. Ernst destroys this ahistorical and simplistic narrative. He shows that, in fact, the nation's best corporate lawyers were among the creators of "commission government" that supporters were more interested in purging government of corruption than creating a socialist utopia, and that the principles of individual rights, limited government, and due process were built into the administrative state. Far from following "un-American" models, American state-builders rejected the leading European scheme for constraining government, the Rechtsstaat (a state of rules). Instead, they looked to an Anglo-American tradition that equated the rule of law with the rule of courts and counted on judges to review the bases for administrators' decisions. Soon, however, even judges realized that strict judicial review shifted to courts decisions best left to experts. The most masterful judges, including Charles Evans Hughes, Chief Justice of the United States from 1930 to 1941, ultimately decided that a "day in court" was unnecessary if individuals had already had a "day in commission" where the fundamentals of due process and fair play prevailed. This procedural notion of the rule of law not only solved the judges' puzzle of reconciling bureaucracy and freedom. It also assured lawyers that their expertise in the ways of the courts would remain valuable, and professional politicians that presidents would not use administratively distributed largess as an independent source of political power. Tocqueville's nightmare has not come to pass. Instead, the American administrative state is a restrained and elegant solution to a thorny problem, and it remains in place to this day.
Reprint of the sole edition. Volume I: The Cravath Firm and Its Predecessors 1819-1906; Volume II: The Cravath Firm Since 1906; Volume III: The Cravath Associates; (With Photographs of the Cravath Partners). Cravath, Swaine and Moore, as it is known today, one of the most prestigious law firms in the United States, was involved in some of the most important events in history. It was also a decisive influence on the direction of American legal practice. Under the leadership of Paul D. Cravath in the 1890s, it developed the organizational model based on a large staff of associates, partners and clerical helpers that continues to dominate the modern urban law firm. Swaine [1886-1949], then a principal partner, drew heavily on the Cravath archives in the preparation of this work. The most extensive history of the firm, it is enhanced by Swaine's personal perspective. (He joined Cravath in 1910). The final volume lists biographical data for every associate and partner from 1899 to 1948.
Where Did the Revolution Go? considers the apparent disappearance of the large social movements that have contributed to democratization. Revived by recent events of the Arab Spring, this question is once again paramount. Is the disappearance real, given the focus of mass media and scholarship on electoral processes and 'normal politics'? Does it always happen, or only under certain circumstances? Are those who struggled for change destined to be disappointed by the slow pace of transformation? Which mechanisms are activated and deactivated during the rise and fall of democratization? This volume addresses these questions through empirical analysis based on quantitative and qualitative methods (including oral history) of cases in two waves of democratization: Central Eastern European cases in 1989 as well as cases in the Middle East and Mediterranean region in 2011.
Waves of Democracy looks at two centuries of history of democratization as a series of multicontinental episodes in which social movements and elite power holders in many countries converged to reorganize political systems. Democracy is defined and redefined in these episodes. John Markoff examines several ways in which governing elites of national states mimic each other and ways in which social movements and elites interact. There is no other book written for undergraduates that looks at democracy over such a broad sweep of time and across so many countries and cultures.
The second edition of this classic text covers contemporary democracy movements including the Arab Spring and its aftermath, Occupy, and new nations as well as old issues from the Balkans to Africa, from Latin America to Ukraine. The author has traveled widely around the world to take the pulse of transition and to profile journeys toward democracy and journeys away from democracy, too. At the same time, the book addresses important challenges that have emerged in even well-established democracies. These show up in declining voting rates, diminished membership in political parties, and, in some countries including the United States, negative views of central democratic institutions (like the US Congress).