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Law and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights. Taken together, these writings on coercion and property rights offer one of the most profound and elaborated critiques of libertarianism, far outshining the better-known efforts of Richard Ely and John R. Commons. In his writings on public utility regulation, Hale also made important contributions to a theory of just, market-based distribution. This first, full-length study of Hale's work should be of interest to legal, economic, and intellectual historians.
This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution's meaning to constitutional history, the text traces the Constitution's evolution from the Early Republic to the present day. This third edition is updated to include the election of 2000, the Tea Party and the rise of popular constitutionalism, and the rise of judicial supremacy as seen in cases such as Citizens United, the Affordable Care Act, and gay marriage.
The Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law. This field embraces the traditional common law subjects (property, contracts, and torts), as well as adjacent, more statutory areas, such as intellectual property and commercial law. It also includes important areas that have been neglected in the United States but are beginning to make a comeback. These include unjust enrichment, restitution, equity, and remedies more generally. "Private law" can also mean private law as a whole, which invites consideration of issues such as the public-private distinction, the similarities and differences between the various areas of private law, and the institutional framework supporting private law - including courts, arbitrators, and even custom. The New Private Law is an approach to these subjects that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement has begun resuscitating the notion of private law itself in the United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The Handbook embraces a broad range of perspectives to private law - including philosophical, economic, historical, and psychological, to name a few - yet it offers a unifying theme of seriousness about the structure and content of private law. It will be an essential resource for legal scholars interested in the future of this important field.
øWhen the global financial crisis hit in 2007, many commentators thought it heralded the end of neoliberalism. Several years later, neoliberalism continues to dominate policy making. This book sets out why such commentators got it so wrong, and why neo
In 1944, Franklin Delano Roosevelt gave a State of the Union Address that was arguably the greatest political speech of the twentieth century. In it, Roosevelt grappled with the definition of security in a democracy, concluding that "unless there is security here at home, there cannot be lasting peace in the world." To help ensure that security, he proposed a "Second Bill of Rights" -- economic rights that he saw as necessary to political freedom. Many of the great legislative achievements of the past sixty years stem from Roosevelt's vision. Using this speech as a launching point, Cass R. Sunstein shows how these rights are vital to the continuing security of our nation. This is an ambitious, sweeping book that argues for a new vision of FDR, of constitutional history, and our current political scene.
Shows how international lawyers make non-law (extra-legal, illegal and other non-legal phenomena) and why this matters in global politics today.
An intriguing collection of insider information on little known aspects of commonly used business techniques, instruments, policies, and personalities that influenced the rise of the world's most successful business system. Bulls, Bears, Boom, and Bust: A Historical Encyclopedia of American Business Concepts translates the language of business in an engaging, compelling way. From mercantilism to microchips, indentured servants to venture capitalists, William Penn to Bill Gates, this one-of-a-kind lexicon provides general readers with an accessible introduction to the vernacular of the American business community, while providing business professionals with a handy resource for quick authoritative answers. Divided into five chronological sections, Bulls, Bears, Boom, and Bust ranges from colonial times to the present, charting the dramatic history of business innovations and institutions in the United States. It contains over 200 topical entries that define business-related terms and explain their relevance to American business and economic history. In addition, each section provides information about the people behind the signature developments in American business (innovative thinkers and entrepreneurs, namesakes of familiar companies, key political figures).
Age of Betrayal is a brilliant reconsideration of America's first Gilded Age, when war-born dreams of freedom and democracy died of their impossibility. Focusing on the alliance between government and railroads forged by bribes and campaign contributions, Jack Beatty details the corruption of American political culture that, in the words of Rutherford B. Hayes, transformed “a government of the people, by the people, and for the people” into “a government by the corporations, of the corporations, and for the corporations.” A passionate, gripping, scandalous and sorrowing history of the triumph of wealth over commonwealth.
A Companion to the Gilded Age and Progressive Era presents a collection of new historiographic essays covering the years between 1877 and 1920, a period which saw the U.S. emerge from the ashes of Reconstruction to become a world power. The single, definitive resource for the latest state of knowledge relating to the history and historiography of the Gilded Age and Progressive Era Features contributions by leading scholars in a wide range of relevant specialties Coverage of the period includes geographic, social, cultural, economic, political, diplomatic, ethnic, racial, gendered, religious, global, and ecological themes and approaches In today’s era, often referred to as a “second Gilded Age,” this book offers relevant historical analysis of the factors that helped create contemporary society Fills an important chronological gap in period-based American history collections
This 2003 book looks at contesting concepts of crime, and social justice in nineteenth-century industrial America.