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After the Rights Revolution
Reconceiving the Regulatory State
Cass R. Sunstein
Harvard University Press, 1990

In the twentieth century, American society has experienced a “rights revolution”: a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments.

Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre–New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets.

Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.

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The Birth of Solidarity
The History of the French Welfare State
François Ewald
Duke University Press, 2020
François Ewald's landmark The Birth of Solidarity—first published in French in 1986, revised in 1996, with the revised edition appearing here in English for the first time—is one of the most important historical and philosophical studies of the rise of the welfare state. Theorizing the origins of social insurance, Ewald shows how the growing problem of industrial accidents in France throughout the nineteenth century tested the limits of classical liberalism and its notions of individual responsibility. As workers and capitalists confronted each other over the problem of workplace accidents, they transformed the older practice of commercial insurance into an instrument of state intervention, thereby creating an entirely new conception of law, the state, and social solidarity. What emerged was a new system of social insurance guaranteed by the state. The Birth of Solidarity is a classic work of social and political theory that will appeal to all those interested in labor power, the making and dismantling of the welfare state, and Foucauldian notions of governmentality, security, risk, and the limits of liberalism.
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The Constitution Besieged
The Rise & Demise of Lochner Era Police Powers Jurisprudence
Howard Gillman
Duke University Press, 1993
The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." Originally published in cloth by Duke University Press, this book received the 1994 C. Herman Pritchett Award for the "Best Book in the Field of Law and Courts," awarded by the Law and Courts Section of the American Political Science Association.
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Containment and Condemnation
Law and the Oppression of the Urban Poor
David Ray Papke
Michigan State University Press, 2019
The populations of American cities have always included poor people, but the predicament of the urban poor has worsened over time. Their social capital, that is, the connections and organizations that traditionally enabled them to form communities, has shredded. Economically comfortable Americans have come to increasingly care less about the plight of the urban poor and to think of them in terms of “us and them.” Considered lazy paupers in the early nineteenth century, the urban poor came to be seen as a violent criminal “underclass” by the end of the twentieth. Living primarily in the nation’s deindustrialized inner cities and making up nearly 15 percent of the population, today’s urban poor are oppressed people living in the midst of American affluence. This book examines how law works for, against, and with regard to the urban poor, with “law” being understood broadly to include not only laws but also legal proceedings and institutions. Law is too complicated and variable to be seen as simply a club used to beat down the urban poor, but it does work largely in negative ways for them. An essential text for both law students and those drawn to areas of social justice, Containment and Condemnation shows how law helps create, expand, and perpetuate contemporary urban poverty.
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A Sister's Memories
The Life and Work of Grace Abbott from the Writings of Her Sister, Edith Abbott
Edited by John Sorensen
University of Chicago Press, 2015
Among the great figures of Progressive Era reform, Edith and Grace Abbott are perhaps the least sung. Peers, companions, and coworkers of legendary figures such as Jane Addams and Sophonisba Breckinridge, the Abbott sisters were nearly omnipresent in turn-of-the-century struggles to improve the lives of the poor and the working-class people who fed the industrial engines and crowded into diverse city neighborhoods. Grace’s innovative role as a leading champion for the rights of children, immigrants, and women earned her a key place in the history of the social justice movement. As her friend and colleague Eleanor Roosevelt wrote, Grace was “one of the great women of our day . . . a definite strength which we could count on for use in battle.”

A Sister’s Memories is the inspiring story of Grace Abbott (1878–1939), as told by her sister and social justice comrade, Edith Abbott (1876–1957). Edith recalls in vivid detail the Nebraska childhood, impressive achievements, and struggles of her sister who, as head of the Immigrants’ Protective League and the U.S. Children’s Bureau, championed children’s rights from the slums of Chicago to the villages of Appalachia. Grace’s crusade can perhaps be best summed up in her well-known credo: “Justice for all children is the high ideal in a democracy.” Her efforts saved the lives of thousands of children and immigrants and improved those of millions more. These trailblazing social service works led the way to the creation of the Social Security Act and UNICEF and caused the press to nickname her “The Mother of America’s 43 Million Children.” She was the first woman in American history to be nominated to the presidential cabinet and the first person to represent the United States at a committee of the League of Nations.

Edited by Abbott scholar John Sorensen, A Sister’s Memories is destined to become a classic. It shapes the diverse writings of Edith Abbott into a cohesive narrative for the first time and fills in the gaps of our understanding of Progressive Era reforms. Readers of all backgrounds will find themselves engrossed by this history of the unstoppable, pioneer feminist Abbott sisters.
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The Women's Joint Congressional Committee and the Politics of Maternalism, 1920-30
Jan Doolittle Wilson
University of Illinois Press, 2006
The rise and fall of a feminist reform powerhouse

Jan Doolittle Wilson offers the first comprehensive history of the umbrella organization founded by former suffrage leaders in order to coordinate activities around women's reform. Encompassing nearly every major national women's organization of its time, the Women's Joint Congressional Committee (WJCC) evolved into a powerful lobbying force for the legislative agendas of more than twelve million women. Critics and supporters alike came to recognize it as "the most powerful lobby in Washington." 

Examining the WJCC's most consequential and contentious campaigns, Wilson traces how the group's strategies, rhetoric, and success generated congressional and grassroots support for their far-reaching, progressive reforms. But the committee's early achievements sparked a reaction by big business that challenged and ultimately limited the programs these women envisioned. Using the WJCC as a lens, Wilson analyzes women's political culture during the 1920s. She also sheds new light on the initially successful ways women lobbied for social legislation, the limitations of that process for pursuing class-based reforms, and the enormous difficulties the women soon faced in trying to expand public responsibility for social welfare.

A volume in the series Women in American History, edited by Anne Firor Scott, Susan Armitage, Susan K. Cahn, and Deborah Gray White

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