Only One Place of Redress - African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Hardcover)

In "Only One Place of Redress "David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks.
A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the "Lochner" era--with its emphasis on freedom of contract and private market ordering--actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism--and the triumph of the regulatory state--not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day.
Scholars and students interested in race relations, labor law, and legal
or constitutional history will be fascinated by Bernstein's daring--and controversial--argument.

General

Imprint:	Duke University Press
Country of origin:	United States
Series:	Constitutional Conflicts
Release date:	2001
First published:	2001
Authors:	David E. Bernstein
Dimensions:	228 x 154 x 21mm (L x W x T)
Format:	Hardcover - Cloth over boards
Pages:	208
ISBN-13:	978-0-8223-2583-3
Categories:	Books > Social sciences > Politics & government > Political science & theory Books > Humanities > History > World history > 1750 to 1900 Books > Humanities > History > American history > General Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law Books > Humanities > History > World history > From 1900 > General Books > History > American history > General Books > History > World history > 1750 to 1900 Books > History > World history > From 1900 > General Promotions
LSN:	0-8223-2583-7
Barcode:	9780822325833

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