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Constitutional Economic Transition

Russell Hardin

in Liberalism, Constitutionalism, and Democracy

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198290841
eISBN:
9780191599415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198290845.003.0006
Subject:
Political Science, Political Theory

The US Constitution embodied a limited degree of laissez faire, enough to give capitalism at least an advantage over any other economic organization of the society if Adam Smith's theory is roughly ... More


Whose Hubris? Brandeis, Scientific Management, and the Railroads

Gerald Berk

in Constructing Corporate America: History, Politics, Culture

Published in print:
2004
Published Online:
September 2007
ISBN:
9780199251902
eISBN:
9780191719059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199251902.003.0005
Subject:
Business and Management, Business History

This chapter reinterprets Louis Brandeis's role in the crisis of progressive era railroad regulation. While others have implicated Brandeis in the crisis, the essay shows how he identified fatal ... More


Democracy and the Origins of the American Regulatory State

Samuel DeCanio

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.001.0001
Subject:
Law, Constitutional and Administrative Law

This book examines how political elites used high levels of voter ignorance to create a new sort of regulatory state with lasting implications for American politics. Focusing on the expansion of ... More


The Conservative Origins of the American Regulatory State

Samuel DeCanio

in Democracy and the Origins of the American Regulatory State

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the American state was initially created by the response of conservative political elites to electoral pressures and concerns regarding the rationality of public opinion, ... More


Interstate Commerce and Free Movement of Goods

Michelle P. Egan

in Single Markets: Economic Integration in Europe and the United States

Published in print:
2015
Published Online:
March 2015
ISBN:
9780199280506
eISBN:
9780191796289
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280506.003.0004
Subject:
Political Science, Political Economy

This chapter focuses on the removal of trade barriers to facilitate the free movements of goods, as interstate commerce is critical for the US and EU market. Whether it is quotas, price controls, or ... More


The Compromise of 1877 and Railroad Regulation

Samuel DeCanio

in Democracy and the Origins of the American Regulatory State

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Compromise of 1877 between Republicans and Southern Democrats involving railroad subsidies that would extend Thomas Scott's Texas and Pacific Railroad into their districts ... More


The Supreme Court Steps In

Stuart Banner

in The Baseball Trust: A History of Baseball's Antitrust Exemption

Published in print:
2013
Published Online:
March 2015
ISBN:
9780199930296
eISBN:
9780190254575
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199930296.003.0003
Subject:
History, Cultural History

This chapter examines the U.S. Supreme Court's ruling in the 1922 case Federal Baseball Club of Baltimore v. National League, in which it decided that the Sherman Antitrust Act of 1890 did not apply ... More


Charles Francis Adams Jr. and Bureaucracy

Samuel DeCanio

in Democracy and the Origins of the American Regulatory State

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter examines why a commission such as the Interstate Commerce Commission (ICC) was created to regulate the railroads by focusing on the views of railroad expert Charles Francis Adams Jr. It ... More


Slavery and the Commerce Power: How the Struggle Against the Interstate Slave Trade Led to the Civil War

David L. Lightner

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300114706
eISBN:
9780300135169
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300114706.001.0001
Subject:
History, Social History

Despite the United States' ban on slave importation in 1808, profitable interstate slave trading continued. The nineteenth century's great cotton boom required vast human labor to bring new lands ... More


The Gilded Age and the Challenge of Industrialization

James W. Ely

in The Guardian of Every Other Right: A Constitutional History of Property Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195323337
eISBN:
9780199851508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323337.003.0006
Subject:
Law, Legal History

This chapter investigates how the Gilded Age and the challenge of industrialization affected property rights in America. It discusses the actions taken by the Supreme Court that showed its ... More


Economic Interdependence and War

Dale C. Copeland

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161587
eISBN:
9781400852703
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161587.001.0001
Subject:
Political Science, International Relations and Politics

Does growing economic interdependence among great powers increase or decrease the chance of conflict and war? Liberals argue that the benefits of trade give states an incentive to stay peaceful. ... More


Introduction

Samuel DeCanio

in Democracy and the Origins of the American Regulatory State

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines the regulatory state, a specific type of state authority that initially emerged in the late nineteenth century, and its ramifications for American politics. In particular, it ... More


The Appeal and Final Decision: May 1919 to October 1922

Nathaniel Grow

in Baseball on Trial: The Origin of Baseball's Antitrust Exemption

Published in print:
2014
Published Online:
April 2017
ISBN:
9780252038198
eISBN:
9780252095993
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252038198.003.0010
Subject:
Sociology, Sport and Leisure

This chapter examines organized baseball's appeal following its loss in the Baltimore case as well as the Supreme Court's final decision, a period spanning May 1919 to October 1922. After Justice ... More


Warrior Republicanism

Joshua David Hawley

in Theodore Roosevelt: Preacher of Righteousness

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300120103
eISBN:
9780300145144
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300120103.003.0008
Subject:
History, Political History

In 1904, Theodore Roosevelt won the presidential election and was sworn in the following year. In his inaugural address, he cast himself as George Washington's intellectual and moral successor while ... More


The Birth of the Antitrust Exemption

Stuart Banner

in The Baseball Trust: A History of Baseball's Antitrust Exemption

Published in print:
2013
Published Online:
March 2015
ISBN:
9780199930296
eISBN:
9780190254575
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199930296.003.0004
Subject:
History, Cultural History

This chapter focuses on the origins of baseball's so-called “antitrust exemption.” It first examines the U.S. Supreme Court's ruling in the 1922 case Federal Baseball Club of Baltimore v. National ... More


Epilogue

Nathaniel Grow

in Baseball on Trial: The Origin of Baseball's Antitrust Exemption

Published in print:
2014
Published Online:
April 2017
ISBN:
9780252038198
eISBN:
9780252095993
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252038198.003.0011
Subject:
Sociology, Sport and Leisure

This epilogue explores issues arising from Justice Oliver Wendell Holmes Jr.'s opinion in Federal Baseball Club of Baltimore, Inc. v. National League. It begins with a discussion of criticisms ... More


The Tough Luck Constitution and the Assault on Healthcare Reform

Andrew Koppelman

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199970025
eISBN:
9780190260187
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199970025.001.0001
Subject:
Law, Constitutional and Administrative Law

The legal challenge to the Patient Protection and Affordable Care Act of 2010 (ACA), and the Supreme Court's decision to uphold the law, is quite possibly the most momentous Supreme Court case on the ... More


The Freedom Rides

Simeon Booker

in Shocking the Conscience: A Reporter's Account of the Civil Rights Movement

Published in print:
2013
Published Online:
March 2014
ISBN:
9781617037894
eISBN:
9781617037900
Item type:
chapter
Publisher:
University Press of Mississippi
DOI:
10.14325/mississippi/9781617037894.003.0015
Subject:
History, African-American History

Streams of Negroes moved from South to North, and from rural to urban communities, to showcase their potential to build powerful voting blocs. Yet Southern states continued to ignore federal laws and ... More


Master-Spirit

Joshua David Hawley

in Theodore Roosevelt: Preacher of Righteousness

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300120103
eISBN:
9780300145144
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300120103.003.0007
Subject:
History, Political History

Fresh from his successful campaign in Cuba, Theodore Roosevelt ran as governor of New York in the autumn of 1898, and won. Soon after taking office, he began writing a biography of Oliver Cromwell ... More


Baseball on Trial: The Origin of Baseball's Antitrust Exemption

Nathaniel Grow

Published in print:
2014
Published Online:
April 2017
ISBN:
9780252038198
eISBN:
9780252095993
Item type:
book
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252038198.001.0001
Subject:
Sociology, Sport and Leisure

The 1922 Federal Baseball Supreme Court ruling held that the “business of base ball” was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. This book explains ... More


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