A provocative study of law and its social context, this work explores the contingent origins of the modern American economy. It shows how craftsmen - teamsters, barbers, musicians, and others - violently governed commerce in Chicago through pickets, assaults, and bombings. These tradesmen forcefully contested the power of national corporations in their city. Their resistance shaped American law, heavily influencing the New Deal and federal criminal statutes. This book thus shows that American industrial policy resulted not from a "search for order," but from a brutal struggle for control.

A provocative study of law and its social context, this work explores the contingent origins of the modern American economy. It shows how craftsmen - teamsters, barbers, musicians, and others - violently governed commerce in Chicago through pickets, assaults, and bombings. These tradesmen forcefully contested the power of national corporations in their city. Their resistance shaped American law, heavily influencing the New Deal and federal criminal statutes. This book thus shows that American industrial policy resulted not from a "search for order," but from a brutal struggle for control.

This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed...

At the turn of the twentieth century, the US system of public finance underwent a dramatic transformation. The late nineteenth-century regime of indirect, hidden, partisan, and regressive taxes was eclipsed in the early twentieth century by a direct, transparent, professionally administered, and progressive tax system. In Making the American Fiscal State, Ajay K. Mehrotra uncovers the contested roots and paradoxical consequences of this fundamental shift in American tax law and policy. He argues that the move toward a regime of direct and graduated taxation marked the emergence of a new...

This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed...

Some of the most important eras of reform in US history reveal a troubling pattern: often reform is compromised after the initial legislative and judicial victories have been achieved. Thus Jim Crow racial exclusions followed Reconstruction; employer prerogatives resurged after the passage of the Wagner Act in 1935; and after the civil rights reforms of the mid-twentieth century, principles of color-blindness remain dominant in key areas of constitutional law that allow structural racial inequalities to remain hidden or unaddressed. When momentous reforms occur, certain institutions and legal...

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American...

At the turn of the twentieth century, the US system of public finance underwent a dramatic transformation. The late nineteenth-century regime of indirect, hidden, partisan, and regressive taxes was eclipsed in the early twentieth century by a direct, transparent, professionally administered, and progressive tax system. In Making the American Fiscal State, Ajay K. Mehrotra uncovers the contested roots and paradoxical consequences of this fundamental shift in American tax law and policy. He argues that the move toward a regime of direct and graduated taxation marked the emergence of a new...

This book explores the complex ways in which political debates and legal reforms regarding the criminalization of racial violence have shaped the development of American racial history. Spanning previous campaigns for criminalizing slave abuse, lynching, and Klan violence and contemporary debates about the legal response to hate crimes, this book reveals both continuity and change in terms of the political forces underpinning the enactment of new laws regarding racial violence in different periods and of the social and institutional problems that hinder the effective enforcement of these...

The three decades after the end of World War II saw the rise and fall of a particular version of liberalism in which the state committed itself to promoting a modest form of economic egalitarianism while simultaneously embracing ethnic, racial, and religious pluralism. But by the mid-1970s, postwar liberalism was in a shambles: while its commitment to pluralism remained, its economic policies had been abandoned, and the Democratic Party, its primary political vehicle, was collapsing. Schiller attributes this demise to the legal architecture of postwar liberalism, arguing that postwar...