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Judicializing the Administrative State
A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judiciali...
The Radical Middle Class
America has a long tradition of middle-class radicalism, albeit one that intellectual orthodoxy has tended to obscure. The Radical Middle Class seeks to uncover the democratic, populist, and even anticapitalist legacy of the middle class. By examining in particular the independent small business sector or petite bourgeoisie, using Progressive Era Portland, Oregon, as a case study, Robert Johnston shows that class still matters in America. But it matters only if the politics and culture of the leading player in affairs of class, the middle class, is dramatically reconceived. This book is a powerful combination of intellectual, business, labor, medical, and, above all, political history. Its a...
When Wall Street Met Main Street
Julia Ott tells the story of how, between the rise of giant industries and the crash of 1929 the federal government, corporations and financial institutions campaigned to universalize investment and provide individuals with a stake in the economy and the nation.
A Democracy That Works
A Democracy That Works argues that rather than corporate donations, Republican gerrymandering and media manipulation, the conservative ascendancy reflects the reconstruction of the rules that govern work that has disempowered workers. Using six historical case studies from the emergence of the New Deal, and its later overtaking by the conservative neoliberal agenda, to today's intersectional social justice movements, Stephen Amberg deploys situated institutional analysis to show how real actors created the rules that empowered liberal democracy for 50 years and then how Democrats and Republicans undermined democracy by changing those rules, thereby organizing working-class people out of Amer...
Beyond the Broker State
Focusing on anti-chain-store legislation beginning in the 1930s and on the establishment of federal small business agencies in the 1940s and 1950s, Jonathan Bean analyzes public policy toward small business. Beyond the Broker State challenges the long-accepted definition of politics as the interplay of organized interest groups, mediated by a broker state.
Internationalised Constitution Making and State Formation
This book presents an in-depth and nuanced interdisciplinary and comparative analysis of (post-)conflict constitution-making in South Sudan and Somaliland, exploring the ways in which the two emerging states negotiate statehood in a globalised world. It critically examines the transfer of international constitution-making models as part of international rule of law promotion frameworks. Specific emphasis is placed on the socio-cultural translation dynamics of these models in conflict settings. The comparative study explores the tensions between state sovereignty and international interventions, examining whether international constitution-making involvement fosters the production of societal...
Recoding Power
Digital transformation increasingly drives economic growth in the rich capitalist democracies, but orienting production around digital technologies is associated with rising inequality and spreading precarity. In Recoding Power, Rothstein outlines three tactics that workers can use to build power in the current episode of economic transition, where they otherwise lack access to traditional power-resources like unions and institutions for social protection. Drawing on four in-depth case studies of workers responding to mass layoffs at tech firms in the United States and Germany, Rothstein shows how workers can develop creative tactics to "recode" management's discursive techniques for control, transforming them from obstacles into resources for collective action. By centering workers' lived experiences in the workplace, Recoding Power develops an account of existing digital transformation, illustrating how the path of capitalist development is shaped not by economic necessity, but by political creativity.
Justice Stephen Field
Outspoken and controversial, Stephen Field served on the Supreme Court from his appointment by Lincoln in 1863 through the closing years of the century. No justice had ever served longer on the Court, and few were as determined to use the Court to lead the nation into a new and exciting era. Paul Kens shows how Field ascended to such prominence, what influenced his legal thought and court opinions, and why both are still very relevant today. One of the famous gold rush forty-niners, Field was a founder of Marysville, California, a state legislator, and state supreme court justice. His decisions from the state bench and later from the federal circuit court often placed him in the middle of te...
Contest for Constitutional Authority
Is the judiciary the ultimate authority on constitutional questions? Susan Burgess says no. Basing her argument on the theory of "departmental review", Burgess contends that each branch of government has the right to interpret the Constitution and that no branch has final authority. Through close study of the abortion and war powers debates, Burgess illustrates that the practice of departmental review improves the quality of constitutional debate, deepens "constitutional consciousness", and enhances respect for the rule of law. First, she investigates the constitutional issues relating to the debates over Roe v. Wade and, in its wake, the 1981 human life bill, the 1985 Abortion Funding Restr...
Railroad History
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