front cover of Taming the Troublesome Child
Taming the Troublesome Child
American Families, Child Guidance, and the Limits of Psychiatric Authority
Kathleen W. Jones
Harvard University Press, 2002

When our children act up--whether they're just moody and rebellious or taking drugs and committing crimes--our solution, so often now, is to send them to a psychiatrist or developmental psychologist for help. What makes us think this will work? How did we come to rely on psychological explanations--and corrections--for juvenile misconduct?

In Taming the Troublesome Child, these questions lead to the complex history of "child guidance," a specialized psychological service developed early in the twentieth century. Kathleen Jones puts this professional history into the context of the larger culture of age, class, and gender conflict. Using the records of Boston's Judge Baker Guidance Center from 1920 to 1945, she looks at the relationships among the social activists, doctors, psychologists, social workers, parents, and young people who met in the child guidance clinic, then follows the clinicians as they adapt delinquency work to the problems of nondelinquent children--an adaptation that often entailed a harsh critique of American mothers. Her book reveals the uses to which professionals and patients have put this interpretation of juvenile misbehavior, and the conditions that mother-blaming has imposed on social policy and private child rearing to this day.

[more]

front cover of The Three and a Half Minute Transaction
The Three and a Half Minute Transaction
Boilerplate and the Limits of Contract Design
Mitu Gulati and Robert E. Scott
University of Chicago Press, 2012

Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, until a novel judicial interpretation rattled international finance by forcing a defaulting sovereign—for one of the first times in the market’s centuries-long history—to repay its foreign creditors. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause.

Using this case as a launching pad to explore the broader issue of the “stickiness” of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation. With the near certainty of massive sovereign debt restructuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided.
[more]

front cover of To Vote or Not to Vote
To Vote or Not to Vote
The Merits and Limits of Rational Choice Theory
Andre Blais
University of Pittsburgh Press, 2000

What makes people decide to vote? In addressing this simple question, André Blais examines the factors that increase or decrease turnout at the aggregate, cross-national level and considers what affects people’s decision to vote or to abstain. In doing so, Blais assesses the merits and limitations of the rational choice model in explaining voter behavior. The past few decades have witnessed a rise in the popularity of the rational choice model in accounting for voter turnout, and more recently a groundswell of outspoken opposition to rational choice theory.

Blais tackles this controversial subject in an engaging and personal way, bringing together the opposing theories and literatures, and offering convincing tests of these different viewpoints. Most important, he handles the discussion in a clear and balanced manner. Using new data sets from many countries, Blais concludes that while rational choice is an important tool—even when it doesn’t work—its empirical contribution to understanding why people vote is quite limited.

Whether one supports rational choice theory or opposes it, Blais’s evenhanded and timely analysis will certainly be of interest, and is well-suited for advanced undergraduate and graduate-level classes.

[more]

front cover of Too Far on a Whim
Too Far on a Whim
The Limits of High-Steam Propulsion in the US Navy
Tyler A. Pitrof
University of Alabama Press, 2024
In Too Far on a Whim, Tyler A. Pitrof presents a high-spirited revision of the US Navy’s commitment to high-steam propulsion systems, the mainstay of its World War II fleets. Pitrof’s research persuasively demonstrates that in its war against the Imperial Japanese Navy, the US Navy succeeded despite its high-steam propulsion systems rather than because of them.

War with an aggressive Japan and a resurgent Germany loomed in the dark days of the late 1930s. Rear Admiral Harold G. Bowen Sr., head of the US Navy’s Bureau of Engineering, advanced a radical vision: a new fleet based on high-steam propulsion, a novel technology that promised high speeds with smaller engines and better fuel efficiency. High-steam engines had drawbacks—smaller operational ranges and maintenance issues. Nevertheless, trusting its engineers to resolve these issues, the US Navy put high-steam propulsion at the heart of its warship design from 1938 to 1945.

The official record of high-steam technology’s subsequent performance has relied heavily on Bowen’s own memoir, in which he painted high-steam innovation in heroic colors. Pitrof’s empirical review of primary sources such as ship’s maintenance records, however, illuminates the opposite—that the heroism lay in the ability of American seamen to improvise solutions to keep these difficult engines running.

Pitrof artfully explains engineering concepts in layman’s terms and provides an account that extends far beyond technology and into matters of naval hierarchies and bureaucracy, strategic theory, and ego. He offers a cautionary tale—as relevant to any endeavor as it is to military undertakings—about how failures arise when technical experts lack managers who understand their work. Admiral Bowen wielded excessive power because no one else in the US Navy knew enough to countermand him.

Compulsively readable, Too Far on a Whim is a landmark for those interested in naval history and technology but also for readers interested in the interplay between innovation, decision-making, and engineering.
 
[more]

front cover of Truman and the Steel Seizure Case
Truman and the Steel Seizure Case
The Limits of Presidential Power
Maeva Marcus
Duke University Press, 1994
Government seizure of the nation’s strikebound steel mills on 8 April 1952 stands as one of President Harry S Truman’s most controversial actions, representing an unprecedented use of presidential power. On 8 June 1952 the United States Supreme Court invalidated Truman’s order with its monumental decision in Youngstown Sheet and Tube Co. v. Sawyer. The history and significance of this case constitute the subject of Maeva Marcus’s meticulously researched, brilliantly analyzed, and authoritative study. From Truman’s initial assertion of "inherent" executive power under the Constitution to the High Court’s seven opinions, Marcus assesses the influence of the case on the doctrine of separation of powers and, specifically, the nature and practice of executive authority. First published in 1977 (Columbia University Press), and reissued here in paperback with a new foreword by Louis Fisher, this book remains the definitive account of the Steel Seizure incident and its political and legal ramifications.
[more]

front cover of The Truman Court
The Truman Court
Law and the Limits of Loyalty
Rawn James
University of Missouri Press, 2021
Perhaps the most overlooked aspect of Harry S. Truman’s presidency is his judicial legacy, with even the finest of Truman biographies neglecting to consider the influence he had on the Supreme Court. Yet, as Rawn James lays out in engaging detail, president Harry Truman successfully molded the high court into a judicial body that appeared to actively support his administration’s political agenda. In rulings that sparked controversy in their own time, the Supreme Court repeatedly upheld Truman’s most contentious policies, including actions to restrict free speech, expand civil rights, and manage labor union unrest.

The Truman Court: Law and the Limits of Loyalty argues that the years between FDR’s death in 1945 and Chief Justice Earl Warren’s confirmation in 1953—the dawn of the Cold War—were, contrary to widespread belief, important years in Supreme Court history. Never before or since has a president so quickly and completely changed the ideological and temperamental composition of the Court. With remarkable swiftness and certainty, Truman constructed a Court on which he relied to lend constitutional credence to his political agenda.

 
[more]


Send via email Share on Facebook Share on Twitter