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Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the scene of intense struggle between white, Angl
Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the scene of intense struggle between white, Anglo-Saxon, Protestant upper and middle classes located primarily in the upstate region and the impoverished, mainly Jewish and Roman Catholic, immigrant underclass centered in New York City. Beginning in the 1920s, however, judges such as Benjamin N. Cardozo, Henry J. Friendly, Learned Hand, and Harlan Fiske Stone used law to facilitate the entry of the underclass into the economic and social mainstream and to promote tolerance among all New Yorkers. Ultimately, says William Nelson, a new legal ideology was created. By the late 1930s, New Yorkers had begun to reconceptualize social conflict not along class lines but in terms of the power of majorities and the rights of minorities. In the process, they constructed a new approach to law and politics. Though doctrinal change began to slow by the 1960s, the main ambitions of the legalist reformation--liberty, equality, human dignity, and entrepreneurial opportunity--remain the aspirations of nearly all Americans, and of much of the rest of the world, today.
Since the days of the early church, Christians have struggled to understand the relationship between two seemingly contradictory concepts in the Bible: law and gospel. If, as the apostle Paul says, the law cannot save, what can it do? Is it merely an ancient relic from Old Testament Israel to be discarded? Or is it still valuable for Christians today? Helping modern Christians think through this complex issue, seasoned pastor and theologian Sinclair Ferguson carefully leads readers to rediscover an eighteenth-century debate that sheds light on this present-day doctrinal conundrum: the Marrow Controversy. After sketching the history of the debate, Ferguson moves on to discuss the theology itself, acting as a wise guide for walking the path between legalism (overemphasis on the law) on the one side and antinomianism (wholesale rejection of the law) on the other.
One volume of multi-volume history of international law.
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
In Rules for Reformers, Douglas Wilson poaches the political craft of radical progressives and applies it to Christian efforts in the current culture war. The result is a spicy blend of combat manual and cultural manifesto. Rules for Reformers is a little bit proclamation of grace, a little bit Art of War, and a little bit analysis of past embarrassments and current cowardice, all mixed together with a bunch of advanced knife-fighting techniques. As motivating as it is provocative, Rules for Reformers is just plain good to read. Thanks to Saul Alinsky's Rules for Radicals: A Practical Primer for Realistic Radicals--a book well-beloved by Barack Obama, Hillary Clinton, and many others--for much of the shrewd advice, and for none of the worldview.
The Confucian-Legalist State proposes a new theory of social change and, in doing so, analyzes the patterns of Chinese history, such as the rise and persistence of a unified empire, the continuous domination of Confucianism, and China's inability to develop industrial capitalism without Western imperialism.
Jews are a people of law, and law defines who the Jewish people are and what they believe. This anthology engages with the growing complexity of what it is to be Jewish — and, more problematically, what it means to be at once Jewish and participate in secular legal systems as lawyers, judges, legal thinkers, civil rights advocates, and teachers. The essays in this book trace the history and chart the sociology of the Jewish legal profession over time, revealing new stories and dimensions of this significant aspect of the American Jewish experience and at the same time exploring the impact of Jewish lawyers and law firms on American legal practice. “This superb collection reveals what an older focus on assimilation obscured. Jewish lawyers wanted to ‘make it,’ but they also wanted to make law and the legal profession different and better. These fascinating essays show how, despite considerable obstacles, they succeeded.” — Daniel R. Ernst Professor of Law, Georgetown University Law Center Author of Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940 “This fascinating collection of essays by distinguished scholars illuminates the distinctive and intricate relationship between Jews and law. Exploring the various roles of Jewish lawyers in the United States, Germany, and Israel, they reveal how the practice of law has variously expressed, reinforced, or muted Jewish identity as lawyers demonstrated their commitments to the public interest, social justice, Jewish tradition, or personal ambition. Any student of law, lawyers, or Jewish values will be engaged by the questions asked and answered.” — Jerold S. Auerbach Professor Emeritus of History, Wellesley College Author of Unequal Justice and Rabbis and Lawyers
One of the academy’s leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson’s exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians. This book collects ten essays exemplifying and explaining the process of identifying and interpreting archival sources—the foundation of an array of methods of writing American legal history. The essays presented here span the full range of American history from the colonial era to the 1980s.Each historian has either identified a body of sources not previously explored or devised a new method of interrogating sources already known.The result is a kaleidoscopic examination of the historian’s task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history.
Ever since introducing the concept in the late 1980s, historians have been debating the origins, nature, scope, and limitations of the New Deal order—the combination of ideas, electoral and governing strategies, redistributive social policies, and full employment economics that became the standard-bearer for political liberalism in the wake of the Great Depression and commanded Democratic majorities for decades. In the decline and break-up of the New Deal coalition historians found keys to understanding the transformations that, by the late twentieth century, were shifting American politics to the right. In Beyond the New Deal Order, contributors bring fresh perspective to the historic meaning and significance of New Deal liberalism while identifying the elements of a distinctively "neoliberal" politics that emerged in its wake. Part I offers contemporary interpretations of the New Deal with essays that focus on its approach to economic security and inequality, its view of participatory governance, and its impact on the Republican party as well as Congressional politics. Part II features essays that examine how intersectional inequities of class, race, and gender were embedded in New Deal labor law, labor standards, and economic policy and brought demands for employment, economic justice, and collective bargaining protections to the forefront of civil rights and social movement agendas throughout the postwar decades. Part III considers the precepts and defining narratives of a "post" New Deal political structure, while the closing essay contemplates the extent to which we may now be witnessing the end of a neoliberal system anchored in free-market ideology, neo-Victorian moral aspirations, and post-Communist global politics. Contributors: Eileen Boris, Angus Burgin, Gary Gerstle, Romain Huret, Meg Jacobs, Michael Kazin, Sophia Lee, Nelson Lichtenstein, Joe McCartin, Alice O'Connor, Paul Sabin, Reuel Schiller, Kit Smemo, David Stein, Jean-Christian Vinel, Julian Zelizer.