The Common Law Right to Earn a Living

Total Page:16

File Type:pdf, Size:1020Kb

The Common Law Right to Earn a Living SUBSCRIBE NOW AND RECEIVE CRISIS AND LEVIATHAN* FREE! “The Independent Review does not accept “The Independent Review is pronouncements of government officials nor the excellent.” conventional wisdom at face value.” —GARY BECKER, Noble Laureate —JOHN R. MACARTHUR, Publisher, Harper’s in Economic Sciences Subscribe to The Independent Review and receive a free book of your choice* such as the 25th Anniversary Edition of Crisis and Leviathan: Critical Episodes in the Growth of American Government, by Founding Editor Robert Higgs. This quarterly journal, guided by co-editors Christopher J. Coyne, and Michael C. Munger, and Robert M. Whaples offers leading-edge insights on today’s most critical issues in economics, healthcare, education, law, history, political science, philosophy, and sociology. Thought-provoking and educational, The Independent Review is blazing the way toward informed debate! Student? Educator? Journalist? Business or civic leader? Engaged citizen? This journal is for YOU! *Order today for more FREE book options Perfect for students or anyone on the go! The Independent Review is available on mobile devices or tablets: iOS devices, Amazon Kindle Fire, or Android through Magzter. INDEPENDENT INSTITUTE, 100 SWAN WAY, OAKLAND, CA 94621 • 800-927-8733 • [email protected] PROMO CODE IRA1703 The Common Law Right to Earn a Living —————— ✦ —————— TIMOTHY SANDEFUR The monopolizer engrosseth to himself what should be free to every man. —Sir Edward Coke1 t the common law,” wrote William Blackstone, “every man might use what trade he pleased” ([1765] 1979, 1:415). This seemingly innocu- “A ous phrase, dropped offhandedly into a chapter on the obligations of master and servant, hints at a rich common-law tradition that has in large part been ignored, or even denied outright, in more modern scholarship. In fact, since the New Deal, the prevailing view among legal scholars has been that the right to earn an hon- est living as one chooses, without government interference, does not exist at all and that the “Lochner era” (1906–37), when the Supreme Court struck down numerous state laws infringing on this right, was a time of judicial usurpation during which the Court merely invented this right without precedent or legitimacy. Consider, for exam- ple, the words of one scholar quite representative of most legal scholars today: I do not count the Supreme Court decisions defending contract or prop- erty rights from state regulations as Bill of Rights decisions. None of these cases represents a defense of civil liberties. The Court merely used libertar- ian philosophy to protect the wealthy from progressive legislation. The Court eventually rejected these economic liberty decisions because they were not connected with the text of the Constitution or any philosophy with roots in the history and traditions of our nation and its democratic process. (Nowak 1992, 452) Timothy Sandefur is a third-year student at Chapman University School of Law. 1. Quoted in Bowen 1957, 420. The Independent Review, v.VII, n.1, Summer 2002, ISSN 1086-1653, Copyright © 2002, pp. 69–90. 69 70 ✦ T IMOTHY S ANDEFUR My research, however, reveals that this prevailing view is incorrect. In fact, the right to earn a living was protected at common law as far back as the Magna Carta (1215), and the decisions that voided economic regulations actually rested on solid historical ground. The economic substantive-due-process cases did not announce principles unknown to legal history, nor were the judges who accepted this doctrine legal interlopers going beyond reasonable readings of precedent. Instead, the New Deal’s repudiation of protections for economic liberties was the new, ahistorical reading of the law and one that has proven itself to be fallacious and dangerous. Before Lord Coke Section 41 of the Magna Carta (1215) held that All merchants are to be safe and secure in leaving and entering England, and in staying and traveling in England . to buy and sell free from all maletotes by the ancient and rightful customs, except, in time of war, such as come from an enemy country [who] shall be detained without damage to their persons or goods, until we or our chief justiciar know how the mer- chants of our land are treated in the enemy country; and if ours are safe there, the others shall be safe in our land. (qtd. in Holt 1992, 448–73) Of course, both before and after the Magna Carta, the king exercised an undefined sweep of power (the “prerogative”) by which he could grant certain exclusive rights, or “franchises,” to his subjects, allowing them the privilege to tax a particular trade or to have a monopoly on that trade within a certain area. But the foregoing passage shows that from early on the English were suspicious of royal control over economic opportunity. As far back as the reign of Edward III, common-law courts concerned themselves with protecting the subject’s right to such economic freedom. In 1377, the court struck down a royal monopoly on the sale of wine in London that had been granted to a man named John Peachie. The court held this grant to violate the right of free trade (Holdsworth 1938, 4:344). Similarly, in John Dier’s Case (2 Y.B. Henry V *26 [1415]), Chief Justice Holt ruled against a monopoly charter, holding that he would have imprisoned anyone who had claimed such a monopoly on his own author- ity. Thus, the king’s power to control the economy was limited at common law by a right whose importance must have been obvious in an era when starvation and pesti- lence were common experiences. The right to support oneself by a lawful calling was central not only to the health of the state but to the lives of its subjects. Consider the principle of economic liberty espoused in Prior of Christchurch Canterbury v. Bendysshe, in which the court held that “[d]amage alone is not a cause of action. Thus, [where] an innkeeper or other victualler comes and dwells next to another [innkeeper] and thereby more of the customers resort to him than the other, THE INDEPENDENT REVIEW T HE C OMMON L AW R IGHT TO E ARN A L IVING ✦ 71 it is a damage to the other, but no wrong, for he cannot compel men to buy victuals from him rather than from the other” (93 Selden Society 8 [1503?]). Protecting the right to compete not only helped to increase supply and to lower prices in the market, but also gave the poor a chance to earn a living that they would not otherwise have had. Lord Coke By far the most outspoken defender of the right to earn a living was Sir Edward Coke (1552–1634), attorney general for Queen Elizabeth and later Chief Justice of King’s Bench under King James I. Today, Coke is best remembered for his decision in Dr. Bonham’s Case (77 Eng. Rep 646 [1610]), in which he asserted the supremacy of the law over the king, but Coke was also the leading opponent of royal monopolies. This opposition is ironic because, as Elizabeth’s attorney general, Coke had been required to argue on behalf of the plaintiff in the famous Case of Monopolies, or Darcy v. Allen (77 Eng. Rep. 1260 [1602]). Edward Darcy had a monopoly of playing cards granted by Queen Elizabeth. After Allen began to make and sell playing cards, Darcy sued (Corre 1996). Chief Justice Popham ruled for the defendant: “All trades, as well mechanical as others, which prevent idleness (the bane of the commonwealth) and exercise men and youth in labour, for the maintenance of themselves and their fami- lies, and for the increase of their substance, to serve the Queen when occasion shall require, are profitable for the commonwealth, and therefore the grant to the plaintiff to have the sole making of them is against the common law, and the benefit and lib- erty of the subject” (Darcy, 77 Eng. Rep. at 1269). The common law did not allow merchants to sell shoddy merchandise, but it held that a regulation for consumer protection was invalid if used to keep an honest trader out of the market. As the court held in the City of London’s Case, “the King may erect guildam mercatoriam, i.e., a fraternity or society or corporation of merchants, to the end that good order and rule should be by them observed for the increase and advancement of trade and merchandise, and not for the hindrance of it” (77 Eng. Rep 658 [1610], at 663). In other words, government might regulate trade impartially, but it might not prevent the free exercise of a lawful calling (Parry v. Berry, 92 Eng. Rep 1066 [1718]; Chamberlain of London’s Case, 77 Eng. Rep. 150 [1592]). As a 1727 decision put it, “The reason why particular restraints [on trade] are allowed is, because the publick is not concerned, so long as the party exercises the trade some- where. But if it tends to prevent the exercise of [the trade] anywhere, it is not to be endured; because the publick loses the benefit of the party’s labour, and the party himself is rendered an useless member of the community” (Chesman ex ux v. Nainby, 93 Eng. Rep. 819 [1727], at 821). Another example is Allen v. Tooley, a suit against an upholsterer who had not served an apprenticeship before taking up his trade. Coke, who by this time had become Chief Justice of King’s Bench, ruled that “no skill there is in this, for he may VOLUME VII, NUMBER 1, SUMMER 2002 72 ✦ T IMOTHY S ANDEFUR well learn this in seven hours” (80 Eng.
Recommended publications
  • Full Report Introduction to Project
    THE ILLUSION OF CHOICE: Evictions and Profit in North Minneapolis Author: Principal Investigator, Dr. Brittany Lewis, Senior Research Associate Contributing Authors: Molly Calhoun, Cynthia Matthias, Kya Conception, Thalya Reyes, Carolyn Szczepanski, Gabriela Norton, Eleanor Noble, and Giselle Tisdale Artist-in-Residence: Nikki McComb, Art Is My Weapon “I think that it definitely has to be made a law that a UD should not go on a person’s name until after you have been found guilty in court. It is horrific that you would sit up here and have a UD on my name that prevents me from moving...You would rather a person be home- less than to give them a day in court to be heard first...You shouldn’t have to be home- less to be heard.” – Biracial, female, 36 years old “I’ve heard bad “There is a fear premium attached to North Min- things. He’s known neapolis. Because what’s the stereotypical image as a slumlord...But people have of North Minneapolis? I could tell you. against my better Bang, bang. People are afraid of it. If you tell people, judgment, to not I bought a property in North Minneapolis. What they wanting to be out say is, ‘Why would you do that?’” – White, male, a place and home- 58 year old, property manager and owner less and between moving, I took the first thing. It was like a desper- ate situation.” – Biracial, female, 45 years old For more visit z.umn.edu/evictions PURPOSE, SELECT LITERATURE REVIEW, RESEARCH DESIGN AND METHODS Purpose Single Black mothers face the highest risk of eviction in the Single Black women with children living below the poverty line United States.
    [Show full text]
  • Colorado Amends Unclaimed Property Law Regarding Gift Cards; Will Other States Follow?
    Journal of Multistate Taxation and Incentives Volume 23, Number 10, February 2014 Department: PROCEDURE Colorado Amends Unclaimed Property Law Regarding Gift Cards; Will Other States Follow? States are reviewing their processes and looking for the means to enhance revenue, a course that includes increasing enforcement efforts and accelerating dormancy periods and reporting deadlines. By: JAMSHID EBADI AND SAMUEL SCHAUNAMAN JAMSHID EBADI is a Director with the Abandoned and Unclaimed Property Practice at Ryan LLC, in Greenwood Villa, Colorado. SAMUEL SCHAUNAMAN, J.D., is a Senior Manager with the same practice group, in Tulsa, Oklahoma, and he has previously written for The Journal. This article appears in and is reproduced with the permission of the Journal of Multistate Taxation and Incentives, Vol. 23, No. 10, February 2014. Published by Warren, Gorham & Lamont, an imprint of Thomson Reuters. Copyright (c) 2014 Thomson Reuters/Tax & Accounting. All rights reserved. All states, as well as an increasing number of foreign countries, have laws regulating the reporting and remitting of unclaimed property to the respective jurisdictions. Colorado has recently amended its Unclaimed Property Act ("Colorado Act" or "the Act") and the following discussion provides a synopsis of the Act and highlights the recent legislative developments in Colorado affecting the Act. First, however, we provide an overview of what typically constitutes unclaimed property. While not a "tax," unclaimed property nevertheless has become a significant source of funds for many states. The field of unclaimed property (also referred to as "abandoned property" or "escheat") concerns the requirement that businesses holding such property (the "holders") report the property to state governments.
    [Show full text]
  • An Environmental Critique of Adverse Possession John G
    University of the Pacific Scholarly Commons McGeorge School of Law Scholarly Articles McGeorge School of Law Faculty Scholarship 1994 An Environmental Critique of Adverse Possession John G. Sprankling Pacific cGeM orge School of Law Follow this and additional works at: https://scholarlycommons.pacific.edu/facultyarticles Part of the Environmental Law Commons, and the Property Law and Real Estate Commons Recommended Citation John G. Sprankling, An Environmental Critique of Adverse Possession, 79 Cornell L. Rev. 816 (1994) This Article is brought to you for free and open access by the McGeorge School of Law Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in McGeorge School of Law Scholarly Articles by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. Cornell Law Review Volume 79 Article 2 Issue 4 May 1994 Environmental Critique of Adverse Possession John G. Sprankling Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation John G. Sprankling, Environmental Critique of Adverse Possession , 79 Cornell L. Rev. 816 (1994) Available at: http://scholarship.law.cornell.edu/clr/vol79/iss4/2 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. AN ENVIRONMENTAL CRITIQUE OF ADVERSE POSSESSION John G. Spranklingf INTRODUCTION Consider three applications of modem adverse possession law to wild, undeveloped land.
    [Show full text]
  • Nonprofit Real Estate Development Toolkit: Stable, Affordable Space for Manufacturing
    NONPROFIT REAL ESTATE DEVELOPMENT TOOLKIT: STABLE, AFFORDABLE SPACE FOR MANUFACTURING DEVELOPED FOR THE URBAN MANUFACTURING ALLIANCE BY THE PRATT CENTER FOR COMMUNITY DEVELOPMENT Purpose of this toolkit This toolkit is meant to help manufacturers understand developers, and help developers understand manufac- turers, so they can better identify and pursue opportunities to work together. We also want state, local, and federal govern- ment actors to understand the particular challenges urban manufacturers face in securing the space they need; and we want to promote the development of policy and financing tools that can lower some of the barriers to nonprofit industrial development that now impede the growth of vibrant, diverse, and stable industrial communities. Reclaiming legacy industrial buildings in urban markets demands development Introduction: why is nonprofit industrial expertise and a mission-driven commitment. real estate development important to urban Different markets: different challenges manufacturers? Hot market challenges: Manufacturers need space that is: • In high-cost, high-demand cities, land that has traditionally Stable been industrial is under pressure from users who can pay Affordable more – much more – for space than manufacturers. A parcel of land used for manufacturing may have value of Right Size $150 per square foot; if residential development is allowed on the same parcel, its value may be $3,000 per square Right Quality foot or more. Right Location • Political leaders in many cities have rezoned Industrial land to accommodate residential and commercial growth, But good space is hard to find – in hot-market cities and in often with the stated goal of increasing local property and cool ones.
    [Show full text]
  • Real Property Conveyance Fee
    Real Property Conveyance Fee tate law establishes a mandatory conveyance fee that is exempt from federal income taxation, when on the transfer of real property. The fee is calculated the transfer is without consideration and furthers the Sbased on a percentage of the property value that is agency’s charitable or public purpose. transferred. In addition to the mandatory fee, all but one • when property is sold to provide or release security county levies a permissive real property transfer fee. The for a debt, or for delinquent taxes, or pursuant to a revenue from both the mandatory fee and the permissive court order. fee is deposited in the general fund of the county in which • when a corporation transfers property to a stock­ the property is located - no revenue goes to the state. In holder in exchange for their shares during a corporate 2013, the latest year for which data is available, convey­ reorganization or dissolution. ance fees generated approximately $108.7 million in rev­ • when property is transferred by lease, unless the enues to counties: $34.0 million from mandatory fees and lease is for a term of years renewable forever. $74.7 million from permissive fees. • to a grantee other than a dealer, solely for the pur­ pose of, and as a step in, the prompt sale to others. Taxpayer • to sales or transfers to or from a person when no (Ohio Revised Code 319.202 and 322.06) money or other valuable and tangible consideration The real property conveyance fee is paid by persons readily convertible into money is paid or is to be paid who make sales of real estate or used manufactured for the realty, and the transaction is not a gift.
    [Show full text]
  • Connecticut Valley Environmental Services, Inc. of the Profit Sharing Plan of Connecticut Valley Environmental Services, Inc
    THE STATE OF NEW HAMPSHIRE SUPREME COURT 2011 TERM OCTOBER SESSION Case No. 2011-0227 MICHAEL O’HEARNE AND MARIE O’HEARNE Petitioners – Appellees v. JAMES U. McCLAMMER, JR. Respondent – Appellant and JAMES U. McCLAMMER, JR., TRUSTEE OF THE PROFIT SHARING PLAN OF CONNECTICUT VALLEY ENVIRONMENTAL SERVICES, INC. Petitioner – Appellant v. MICHAEL O’HEARNE AND MARIE O’HEARNE Respondents – Appellees ______________________________________________________________________________ RULE 7 APPEAL FROM SULLIVAN COUNTY SUPERIOR COURT ______________________________________________________________________________ OPENING BRIEF OF APPELLANT - JAMES U. McCLAMMER, JR., TRUSTEE OF THE PROFIT SHARING PLAN OF CONNECTICUT VALLEY ENVIRONMENTAL SERVICES, INC. ______________________________________________________________________________ Bradford T. Atwood, Esq. NH Bar No. 8512 CLAUSON & ATWOOD 10 Buck Road Hanover, NH 03755 603-643-2102 Oral Argument by: James M. McClammer or Bradford T. Atwood, Esq. TABLE OF CONTENTS TABLE OF AUTHORITIES ......................................................................................................... iii STATUTORY PROVISIONS .........................................................................................................v QUESTIONS PRESENTED ...........................................................................................................1 STATEMENT OF CASE, FACTS AND PROCEDURAL HISTORY .........................................2 SUMMARY OF THE ARGUMENT ............................................................................................11
    [Show full text]
  • State of Hawaii Guidelines for Reporting and Remitting Unclaimed
    GUIDELINES FOR REPORTING AND REMI1TING UNCLAIMED PROPERTY HOLDER REPORT DUE NOVl Updated July 2016 HOLDER INFORMATION "Holders of unclaimed property are usually companies, businesses, corporations, partnerships, professional associations, non-profit organizations, private organizations, government entities or state agencies in possession of unclaimed property as defined in Chapter 523A, HRS. Holders are required to annually report and escheat unclaimed property to the State of Hawaii Unclaimed Property Program." Contents Unclaimed Property Statutes ........................ 3 Holder Reporting Guidelines .......................... 4 Holder Reporting Requirements ..................... 5 HOLDER REPORT TOTAL & REMITTANCE AMOUNT MUST AGREE A REPORT WHICH DIFFERS FROM THE REMITTANCE AMOUNT MAY BE RETURNED HOLDER REPORT SHARES TOTAL & TRANSFER OF SHARES TOTAL MUST AGREE A REPORT OF SHARES WHICH DIFFERS FROM THE DOCUMENT CONFIRMING TRANSFER OF THE SHARES MAY BE RETURNED Unclaimed Property Program References 250 S. Hotel Street Room 304 • Unclaimed Property Statutes http://www.capitol. hawa ii.gov /hrscurrenWol12_C h050 1- 0588/HRS0523A/H RS_0523A- .him (808) 586-1589 • NAUPA Standard Electronic File Format https://www.unclaimed.org/uploads/resources/52/naupa-format-revised-9-26-13-new- relationship-ownership-codes-final-correct1.pdf • Holder Request for Reimbursement Form https://www.unclaimed.org/uploads/resources/319/naupa-holder-reimbursement-form-rev- make-fillable-update-2016.pdf State of Hawaii Updated July 2016 HOLDERS: HOLDER REPORT Submittals DUE NOV 1 The State of Hawaii Unclaimed Property Program will acknowledge acceptance of a holder report by email. REMITTANCE CHECK AMOUNT & REPORT TOTAL MUST AGREE CONFIRMATION DOCUMENT & TOTAL SHARES MUST AGREE REPORT SUBMITTALS MAY NOT BE ACCEPTED IF REPORT AND REMITTANCE DIFFER AND/OR IF TOTAL SHARES AND CONFIRMATION DOCUMENT DIFFER HRS 523A: A holder of abandoned property shall make a report and pay, deliver or cause to be paid or delivered to the administrator the property described in the report as unclaimed.
    [Show full text]
  • Assignability and Divisibility of Easements in Gross
    Chicago-Kent Law Review Volume 22 Issue 4 Article 1 September 1944 Assignability and Divisibility of Easements in Gross George Kloek Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation George Kloek, Assignability and Divisibility of Easements in Gross, 22 Chi.-Kent L. Rev. 239 (1944). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol22/iss4/1 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. CHICAGO-KENT LAW REVIEW Copyright, 1944, Chicago-Kent College of Law VOLUME 22 SEPTEMBER, 1944 NUMBER 4 ASSIGNABILITY AND DIVISIBILITY OF EASEMENTS IN GROSS GEORGE KLOEK* NO QUESTION concerning rights in land has produced as many varied and inconsistent opinions, both by courts and by accepted authorities, than the problem of the assign- ability and divisibility of easements in gross. Those differ- ences might be glossed over as relatively unimportant were it not for the fact that the recent merger of the coun- try's two large telegraph companies has again brought the matter into sharp focus. But the problem is not restricted to telegraph companies for many billions of dollars worth of plant has been constructed or installed by electric light and power concerns, telephone corporations, pipe line com- panies, and the like, by virtue of rights given to them through grants of easement obtained from a myriad of property owners by the expenditure of large sums of money.
    [Show full text]
  • Study Guide Evicted Poverty and Profit in the American City by Matthew Desmond
    Study Guide Evicted Poverty and Profit in the American City by Matthew Desmond Broadway Books | Paperback | 978-0-553-44745-3 | 432pp. | $17.00 Crown | Hardcover | 978-0-553-44743-9 | 432pp. | $28.00 e-Book: 978-0-553-44744-6 | $13.99 Also available in Audio Download “Evicted is that rare book that both enlightens and serves as an urgent call for action.” —William Julius Wilson, Lewis P. and Linda L. Geyser University Professor, Harvard University, and author of When Work Disappears “This sensitive, achingly beautiful ethnography should refocus our understanding of poverty in America on the simple challenge of keeping a roof over your head.” —Robert D. Putnam, Professor of Public Policy, Harvard, University and author of Bowling Alone and Our Kids about the author MATTHEW DESMOND is the John L. Loeb Associate Professor of the Social Sciences at Harvard University and codirector of the Justice and Poverty Project. A former member of the Harvard Society of Fellows, he is the author of the award- winning book On the Fireline, coauthor of two books on race, and editor of a collection of studies on severe deprivation in America. His work has been supported by the Ford, Russell Sage, and National Science Foundations, and his writing has appeared in the New York Times and Chicago Tribune. In 2015, Desmond was awarded a MacArthur “Genius” grant. www.EvictedBook.com • www.JustShelter.org • @just_shelter about the book In this groundbreaking book, Harvard sociologist and 2015 MacArthur “Genius” Award winner Matthew Desmond takes readers into the poorest neighborhoods of Milwaukee, where families spend most of their income on housing and where eviction has become routine—a vicious cycle that deepens our country’s vast inequality.
    [Show full text]
  • Property Tax Exemptions for Specified Organizations January 2014
    Property Tax Exemptions for Specified Organizations January 2014 www.oregon.gov/dor/property Oregon laws provide a property tax exemption for Fraternal organizations (ORS 307.136) property owned or being purchased by certain quali- fying organizations. The most common qualifying A fraternal organization must be organized as a not- entities are: religious, fraternal, literary, benevolent, for-profit corporation and regularly provide financial or charitable organizations, scientific institutions, and support for a charitable activity with the purpose of schools. doing good to others rather than for the convenience of its members. It is not solely a social club and college Property for which an exemption is requested must be fraternities or sororities don’t qualify. actively occupied and used exclusively by the organiza- tion in a way that furthers its stated purpose. The prop- “Fraternal organizations” include, but are not limited erty must also be reasonably necessary to accomplish to: the Masons, the Knights of Pythias, the Knights of the organization’s goals. Any portion of the property Columbus, and Benevolent and Protective Order of that does not meet these criteria is subject to assessment Elks, the Fraternal Order Of Eagles, the Loyal Order and taxation the same as all other taxable property. of Moose, the Independent Order of Odd Fellows, the Oregon State Grange, the American Legion, the Veter- The property tax exemptions explained in this circu- ans of Foreign Wars, the International Association of lar are not automatic. The institution or organization Lions Clubs, the Soroptimist International, the Rotary claiming the exemption must file an application with International, and the Kiwanis International.
    [Show full text]
  • 1 Introducing American Silent Film Comedy: Clowns, Conformity, Consumerism
    Notes 1 Introducing American Silent Film Comedy: Clowns, Conformity, Consumerism 1. This speech has often been erroneously quoted (not least by Adam Curtis in his 2002 documentary The Century of the Self ) as ‘You have taken over the job of creating desire and transformed people into constantly moving happi- ness machines’ – a tremendously resonant phrase, but not one which actually appears in the text of Hoover’s speech. Spencer Howard of the Herbert Hoover Presidential Library attributes the corrupted version to a mis-transcription several decades later. 2. The title of his 1947 essay. His key writings in the 1920s were Crystallizing Public Opinion (1923) and Propaganda (1928). 3. Of course, not all responded sympathetically to the film’s vicious racist message. The NAACP mounted a particularly effective campaign against the film, which was banned in several states and sparked mass protests in others. For the full story see Melvyn Stoke, D.W. Griffith’s ‘The Birth a Nation’, Oxford: Oxford University Press, 2008. 4. CPI titles made in 1917/18 include America’s Answer, Under Four Flags and Pershing’s Crusaders – distributors who wanted the new Fairbanks or Pickford picture would be forced to take a CPI release as well. 2 A Convention of Crazy Bugs: Mack Sennett and the US’s Immigrant Unconscious 1. The temptation, here, is to regard Sennett’s name and the Keystone brand as being broadly synonymous, but one should remember that Sennett started off, first, as an actor and then, as a director at Biograph in 1909; the Key- stone Company was set up by Adam Kessel and Charles Baumann in 1912 (Sennett was never the owner).
    [Show full text]
  • Grade 8 Making a Living Strand 3 Community Development
    GRADE 8 MAKING A LIVING STRAND 3 COMMUNITY DEVELOPMENT COURSE BOOK 3 Name : _____________________________________________ Address : _____________________________________________ District / : _____________________________________________ Province _____________________________________________ FLEXIBLE OPEN AND DISTANCE EDUCATION PRIVATE MAIL BAG, P.O.WAIGANI, NCD DEPARTMENT OF EDUCATION PAPUA NEW GUINEA Compiled by : Ursula Miria Department Editors : Lucy Joseph Doris Payok Subject Team Editors : Armstrong Rupa Celine Vavetaovi Loretta Mekesi Margaret Kakas -Warupi GR 8 MAL S3 1 TITLE PAGE GRADE 8 MAKING A LIVING STRAND 3 COMMUNITY DEVELOPMENT In this strand you will learn; SUBSTRAND 1: KNOWING YOUR COMMUNITIES SUBSTRAND 2: COMMUNICATION SUBSTRAND 3: COMMUNITY PROJECTS GR 8 MAL S3 2 ISBN & COPYRIGHT Acknowledgements We acknowledge the contributions of all Primary Teachers who in one way or another helped to develop this course. Our profound gratitude goes to the former Principal, Mr Demas Tongogo for leading FODE team towards this great achievement. Special thanks to the staff of MAL and Business Studies Department of FODE who played an active role in coordinating writing workshops, outsourcing lesson writing and editing processes. We also acknowledge the professional guidance provided by Curriculum and Development Assessment Division throughout the processes of writing and, the services given by member of the Primary Section and Academic Committees. The Course Book was developed with the support and funding of the GO- PNG FODE World Bank Project. DIANA TEIT AKIS PRINCIPAL Published in 2017 by the Flexible, Open and Distance Education © Copyright 2017, Department of Education, Papua New Guinea All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means of electronic, mechanical, photocopying, recording or otherwise without prior permission of the publisher.
    [Show full text]