Only One Place of Redress

African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal

Nonfiction, Reference & Language, Law, Labour & Employment, Legal History, Social & Cultural Studies, Social Science, Cultural Studies, African-American Studies
Cover of the book Only One Place of Redress by David E. Bernstein, Neal Devins, Mark A. Graber, Duke University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: David E. Bernstein, Neal Devins, Mark A. Graber ISBN: 9780822383055
Publisher: Duke University Press Publication: January 18, 2001
Imprint: Duke University Press Books Language: English
Author: David E. Bernstein, Neal Devins, Mark A. Graber
ISBN: 9780822383055
Publisher: Duke University Press
Publication: January 18, 2001
Imprint: Duke University Press Books
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Duke University Press

Cover of the book Medical Anthropology at the Intersections by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Bricks Without Straw by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Imposing Decency by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Negro Soy Yo by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Full Metal Apache by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Humanism and Secularization by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Indigenous Migration and Social Change by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Missing by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Postcolonial Developments by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Curative Violence by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book The Invention of the Brazilian Northeast by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book On Violence by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Post-Fascist Fantasies by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Public Privates by David E. Bernstein, Neal Devins, Mark A. Graber
Cover of the book Recycled Stars by David E. Bernstein, Neal Devins, Mark A. Graber
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy