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In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of...
Zietlow explores the ideological origins of Reconstruction and the constitutional changes in this era through the life of James Mitchell Ashley.
"This volume, which contains essays by both historians and legal scholars, examines various aspects of the Civil Rights Act of 1866, the first federal civil rights statute in American history"--
The Lawyer's Almanac provides vital facts and figures on the courts, government, law schools, lawyers, and their work and organizations. Complete and up-to-date, it is the standard reference guide on the American legal scene and is useful for attorneys, law librarians, judges, law students, journalists, and anyone who needs quick access to information on the legal profession. The Lawyer's Almanac reflects the size and density of the legal profession. It includes a detailed listing of the nation's 700 largest law firms, along with their contact information, data on law firm finances, and detailed statistical analysis of corporate attorney compensation.
In this stimulating volume, Larry D. Barnett locates a fundamental defect in widespread assumptions regarding the institution of law. He asserts that scholarship on law is being led astray by currently accepted beliefs about the institution, and as a result progress in understanding law as a societal institution will be impeded until a more accurate view of law is accepted. This book takes on this challenge. The Place of Law addresses two questions that are at the heart of the institution of law. Why is law an evidently universal, enduring institution in societies characterized by a relatively high level of economic development and a relatively high degree of social complexity? And why do th...
A powerful dissection of a core American myth. The idea that the United States is unlike every other country in world history is a surprisingly resilient one. Throughout his distinguished career, Ian Tyrrell has been one of the most influential historians of the idea of American exceptionalism, but he has never written a book focused solely on it until now. The notion that American identity might be exceptional emerged, Tyrrell shows, from the belief that the nascent early republic was not simply a postcolonial state but a genuinely new experiment in an imperialist world dominated by Britain. Prior to the Civil War, American exceptionalism fostered declarations of cultural, economic, and spa...
Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a j...
A sweeping history of the Lower Mississippi Valley and its central role in abolishing slavery in the American South.
In this highly original and personal book, Ruben J. Garcia argues forcefully that we must center the minimum wage as a tool for fighting structural racism. Employing the lessons of critical race theory to show how low minimum wages and underenforcement of workplace laws have always been features of our racially stratified society, Garcia explains why we must follow the leadership of social movements by treating increases in minimum wage levels and enforcement as matters of racial justice. Offering solutions that would benefit all workers, especially the immigrants and people of color most often made victims of wage theft, Critical Wage Theory is essential reading for anyone who seeks a more just future for the working class.
This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the all...