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Enterprise And American Law 1836 1937
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Book Synopsis Enterprise and American Law, 1836-1937 by : Herbert Hovenkamp
Download or read book Enterprise and American Law, 1836-1937 written by Herbert Hovenkamp and published by Harvard University Press. This book was released on 2009-06-01 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this integration of law and economic ideas, Herbert Hovenkamp charts the evolution of the legal framework that regulated American business enterprise from the time of Andrew Jackson through the first New Deal. He reveals the interdependent relationship between economic theory and law that existed in these decades of headlong growth and examines how this relationship shaped both the modern business corporation and substantive due process. Classical economic theory--the cluster of ideas about free markets--became the guiding model for the structure and function of both private and public law. Hovenkamp explores the relationship of classical economic ideas to law in six broad areas related to enterprise in the nineteenth and early twentieth centuries. He traces the development of the early business corporation and maps the rise of regulated industry from the first charterbased utilities to the railroads. He argues that free market political economy provided the intellectual background for constitutional theory and helped define the limits of state and federal regulation of business behavior. The book also illustrates the unique American perspective on political economy reflected in the famous doctrine of substantive due process. Finally, Hovenkamp demonstrates the influence of economic theory on labor law and gives us a reexamination of the antitrust movement, the most explicit intersection of law and economics before the New Deal. Legal, economic, and intellectual historians and political scientists will welcome these trenchant insights on an influential period in American constitutional and corporate history.
Book Synopsis Law in American History by : G. Edward White
Download or read book Law in American History written by G. Edward White and published by Oxford University Press. This book was released on 2012-02-20 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. Edward White, a leading legal historian, presents Law in American History, a two-volume, comprehensive narrative history of American law from the colonial period to the present. In this first volume, White explores the key turning points in roughly the first half of the American legal system, from the development of order in the colonies, to the signing of the Constitution, to the dissolution of the Union just before the Civil War. Thought-provoking and artfully written, Law in American History, Vol. 1 is an essential text for both students of law and general readers alike.
Book Synopsis A Companion to American Legal History by : Sally E. Hadden
Download or read book A Companion to American Legal History written by Sally E. Hadden and published by John Wiley & Sons. This book was released on 2013-02-22 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Book Synopsis Railroads and American Law by : James W. Ely, Jr.
Download or read book Railroads and American Law written by James W. Ely, Jr. and published by University Press of Kansas. This book was released on 2001-12-06 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: No enterprise is so seductive as a railroad for the influence it exerts, the power it gives, and the hope of gain it offers.—Poor's Manual of Railroads (1900) At its peak, the railroad was the Internet of its day in its transformative impact on American life and law. A harbinger and promoter of economic empire, it was also the icon of a technological revolution that accelerated national expansion and in the process transformed our legal system. James W. Ely Jr., in the first comprehensive legal history of the rail industry, shows that the two institutions-the railroad and American law-had a profound influence on each other. Ely chronicles how "America's first big business" impelled the creation of a vast array of new laws in a country where long-distance internal transport had previously been limited to canals and turnpikes. Railroads, the first major industry to experience extensive regulation, brought about significant legal innovations governing interstate commerce, eminent domain, private property, labor relations, and much more. Much of this development was originally designed to serve the interests of the railroads themselves but gradually came to contest and control the industry's power and exploitative tendencies. As Ely reveals, despite its great promise and potential as an engine of prosperity and uniter of far-flung regions, the railroad was not universally admired. Railroads uprooted people, threatened local autonomy, and posed dangers to employees and the public alike-situations with unprecedented legal ramifications. Ely explores the complex and sometimes contradictory ways in which those ramifications played out, as railroads crossed state lines and knitted together a diverse nation with thousands of miles of iron rail. Epic in its scope, Railroads and American Law makes a complex subject accessible to a wide range of readers, from legal historians to railroad buffs, and shows the many ways in which a powerful industry brought change and innovation to America.
Book Synopsis The Invention of Enterprise by : David S. Landes
Download or read book The Invention of Enterprise written by David S. Landes and published by Princeton University Press. This book was released on 2010-01-31 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a sweeping history of enterprise in Mesopotamia and Neo-Babylon; carries the reader through the Islamic Middle East; offers insights into the entrepreneurial history of China, Japan, and colonial India; and describes the crucial role of the entrepreneur in innovation activity in the Western world.
Book Synopsis American Law in the Twentieth Century by : Lawrence Meir Friedman
Download or read book American Law in the Twentieth Century written by Lawrence Meir Friedman and published by Yale University Press. This book was released on 2004-01-01 with total page 1468 pages. Available in PDF, EPUB and Kindle. Book excerpt: American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.
Book Synopsis Fidelity & Constraint by : Lawrence Lessig
Download or read book Fidelity & Constraint written by Lawrence Lessig and published by Oxford University Press. This book was released on 2019-04-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Book Synopsis American Patent Law by : Robert P. Merges
Download or read book American Patent Law written by Robert P. Merges and published by Cambridge University Press. This book was released on 2023-01-31 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of technological development and the role of patents from 1790 to the present, written by a pioneering patent scholar.
Book Synopsis The Opening of American Law by : Herbert Hovenkamp
Download or read book The Opening of American Law written by Herbert Hovenkamp and published by Oxford University Press, USA. This book was released on 2015 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called 'neoclassical', because it embodied ideas that were radically new while retaining many elements of what had gone before. Although Darwinian social science was developed earlier, in most legal disciplines outside of criminal law and race theory marginalist approaches came to dominate. This book carries these themes through a variety of legal subjects in both public and private law.
Book Synopsis The Lost World of Classical Legal Thought by : William M. Wiecek
Download or read book The Lost World of Classical Legal Thought written by William M. Wiecek and published by Oxford University Press, USA. This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.
Book Synopsis American Law in the Twentieth Century by : Lawrence M. Friedman
Download or read book American Law in the Twentieth Century written by Lawrence M. Friedman and published by Yale University Press. This book was released on 2008-10-01 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this long-awaited successor to his landmark work A History of American Law, Lawrence M. Friedman offers a monumental history of American law in the twentieth century. The first general history of its kind, American Law in the Twentieth Century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? Written by one of our most eminent legal historians, this engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.
Book Synopsis International Economic Integration in Historical Perspective by : Dennis Patrick McCarthy
Download or read book International Economic Integration in Historical Perspective written by Dennis Patrick McCarthy and published by Routledge. This book was released on 2006-09-27 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: International economic integration is not a recent phenomenon; its roots can be traced back to the Roman Empire. This informative volume departs from the conventional short-term analysis and takes a long-term view of the process, offering perspectives that are both detailed and diverse. Author Dennis McCarthy examines seven types of organizations that exemplify international economic integration (colonial empires, merchant associations, religious empires, criminal empires, free trade areas, customs unions and common markets), and representative examples of each type are analyzed in a comparative framework. Timely and unique, this book demonstrates that international economic integration is an economic and political process that also involves political economy. With an introduction defining key terms and concepts; a retrospective summarizing the main insights, and endnotes and a detailed bibliography offering readers ways to pursue these topics further, McCarthy’s book will prove indispensable to students and general readers who wish to gain a firm understanding of international economics and the processes that shape the world today.
Book Synopsis Corporations and American Democracy by : Naomi R. Lamoreaux
Download or read book Corporations and American Democracy written by Naomi R. Lamoreaux and published by Harvard University Press. This book was released on 2017-05-08 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent Supreme Court decisions in Citizens United and other high-profile cases have sparked disagreement about the role of corporations in American democracy. Bringing together scholars of history, law, and political science, Corporations and American Democracy provides essential grounding for today’s policy debates.
Book Synopsis Research Handbook on the History of Corporate and Company Law by : Harwell Wells
Download or read book Research Handbook on the History of Corporate and Company Law written by Harwell Wells and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the corporation means understanding its legal framework, but until recently the origins and evolution of corporate law have received relatively little attention. The topical chapters featured in this Research Handbook, contributed by leading scholars from around the world, examine the historical development of corporation and business organization law in the Americas, Europe, and Asia from the ancient world to modern times, providing an invaluable resource for both further historical research and scholars seeking the origins of present-day issues.
Book Synopsis Railroaded: The Transcontinentals and the Making of Modern America by : Richard White
Download or read book Railroaded: The Transcontinentals and the Making of Modern America written by Richard White and published by W. W. Norton & Company. This book was released on 2011-05-31 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Finalist for the Pulitzer Prize: "A powerful book, crowded with telling details and shrewd observations." —Michael Kazin, New York Times Book Review This original, deeply researched history shows the transcontinentals to be pivotal actors in the making of modern America. But the triumphal myths of the golden spike, robber barons larger than life, and an innovative capitalism all die here. Instead we have a new vision of the Gilded Age, often darkly funny, that shows history to be rooted in failure as well as success.
Book Synopsis American Legal History: A Very Short Introduction by : G. Edward White
Download or read book American Legal History: A Very Short Introduction written by G. Edward White and published by Oxford University Press. This book was released on 2014 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.
Book Synopsis Government by Contract by : Jody Freeman
Download or read book Government by Contract written by Jody Freeman and published by Harvard University Press. This book was released on 2009-02-28 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.
