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AAA. See Agricultural Adjustment Administration AALS. See Cambridge University Press 978-0-521-80307-6 - The Twentieth Century and After (1920- ) Edited by Michael Grossberg and Christopher Tomlins Index More information index AAA. See Agricultural Adjustment Acquired immune deficiency syndrome Administration (AIDS), 252–253 AALS. See Association of American Law ADA. See Americans with Disabilities Act Schools Adams, Charles Francis, 77, 507 ABA. See American Bar Association Adams, John Quincy, 1 Abbott, Edith, 208 Adamson Act, 325 Abortion ADC. See Aid to Dependent Children AMA on, 238, 243 Administrative Dispute Resolution Act, benefits of legalization, 244 193 Burger Court on, 155 Administrative Procedure Act (APA) contraception, relationship with, environmental law under (See 243–244 Environment and law) Court decisions, effect on public historical background, 280 attitudes, 426 military exemption, 507 court orders involving, 264 “NIMBY” activism and, 514 criminal law and, 242 purposes of, 19–20 historical background, 243–244 rulemaking under, 26, 29 interrogation of women, 242 Administrative state. See also specific agency legalization of, 244 alternatives, 28–29 media attention on, 242 “capture” by regulated industries, 21 morality and, 238–239 Cold War, during, 15–22 opposition to, 158 command and control regulation, 9, 15, policing by medical profession, 26–27 242–243, 264 commissions, regulation by, 3–4 Rehnquist Court on, 172 common law versus, 6–7, 8 Roe v. Wade, 155, 244 Congressional oversight, 18–19 Abrams, Elliot, 742 corporations and (See Corporations) Abu Ghraib, 715–716 cost-benefit analysis and, 29–30 Acheson, Dean costs of rulemaking, 28–29 foreign policy establishment, in, 726, criminal law and, 195–196 728 current state of, 31–32 free trade, on, 744, 745 decline of, 27, 32 international affairs and, 96 delegation of Congressional authority, racial discrimination, on, 711 24, 280–282 Ackerman, Bruce, 47 deregulation and, 27–28 ACLU. See American Civil Liberties Union environmental law and, 475 905 © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-80307-6 - The Twentieth Century and After (1920- ) Edited by Michael Grossberg and Christopher Tomlins Index More information 906 Index Administrative state (cont.) Adversarial legalism, 181–182 federalism and growth of, 130 Adverse possession, 485 grants, distribution of, 5 AFDC. See Aid to Families with Dependent health and medicine and, 247–248, Children 254–258 Affirmative action, 393–394 Hughes Court on, 278 backlash against, 355 immigration and, 6 Burger Court on, 155, 434–435 income tax Carter and, 354 importance of, 4–5 criticism of, 394 withholding, impact of, 16 Equal Protection Clause and, 68 independence of commissions, 21 Fourteenth Amendment and, 155, 436 infrastructure and, 5 history of discrimination, 394 judicial deference to, 7, 8–9, 18, 22 law schools, in, 68–69 judicial review of rulemaking, 26 quotas and, 394 judicialization of, 13–14 Rehnquist Court on, 436, 437–438 labor law and, 5–6 rights “revolution” and, 390 legal profession AFL. See American Federation of Labor regulations, challenging, 114–115 African-Americans role of, 24–25, 32–33 ABA and, 79 legislation and, 24 ADC and, 364, 365 market incentives and, 30 Brown v. Board of Education, impact of, natural monopolies and, 27 426 New Deal, during capital punishment and, 407 ABA on, 279–280 Cold War, impact of, 413 bibliographic essays 808–809 collective bargaining and, 331 Congressional resistance to, 280 Congressional Black Caucus, 515 debate regarding, 278 criminal law and, 406–407 delegation of Congressional authority, Democrats and, 149, 405–406 280–282 employment discrimination and, 354 growth of, 141 family structure and welfare, 373–374 historical background, 277–278 FLSA and, 335–336 judicial resistance to, 279 GI Bill and, 461 overview, 9, 15, 277 Great Migration, 404, 409 political independence of agencies, heterosexuality “regime” and, 460–462 278–279 housing, restrictive covenants in, nondelegation doctrine, 7 409–410 overview, 32–33 Hughes Court and, 311 post-World War I period, during, 3, 9 incarceration, disparate impact on, price and entry regulation, 3–4 225–226 privileges and, 7–8 involuntary sterilization and, 461–462 reform, need for, 20–22 juries, exclusion from, 209 rights “revolution” and, 22–27, law schools, in, 67–68 382–383 legal profession, in, 79, 113 rulemaking versus adjudication, 24 lynchings of, 407 scandals in, 21 marriage and, 461 Social Security and, 337–338 middle class, rise of, 404 state capitalism and, 10–11, 15–16 New Deal and states, commissions in, 4 improvement during, 405 war contracts, 15–16, 18 judicial decisions regarding, 311 World War II, during, 15, 22 minor nature of changes during, 406, ADR. See Alternate dispute resolution 411–412 © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-80307-6 - The Twentieth Century and After (1920- ) Edited by Michael Grossberg and Christopher Tomlins Index More information Index 907 North, in, 406 reconstituted AAA, 12, 308, 550 South, in, 406 Schechter Poultry case and, 550 post-World War I period, during, sharecroppers and, 346 403–404, 405 shortcomings of, 550 primary elections and, 315–316, war analogy, 693 407–409, 414, 708 Agricultural Credit Act of 1923, public interest movement and, 546 103 Agricultural labor, 345–348 reproductive rights and, 461–462 Agricultural Marketing Act of 1929, 271, rights “revolution” and, 389–390, 547 397–398 Agricultural Marketing Agreement Act of Roosevelt (FDR) and, 405, 411 1937, 282, 301, 550 segregation (See Segregation) Agriculture, Department of Social Security and, 461 constraints on, 545 Taft Court and, 136–137 cooperative programs, 542 urbanization of, 404 DDT and, 26 Veterans Administration and, 461 deregulation and, 557 violence against in South, 405 environmental law and, 491, 492, 493, voting rights and, 409 497, 504 Warren Court and, 149 EPA, relationship with, 514 welfare and, 362, 373 establishment of, 532–533, 560 Wilson and, 405 health care, role in, 257 World War I, impact of, 404 marketing bureaus, 541 World War II, impact of, 412–413, scientific experimentation in, 544 707–708 Agriculture and law, 522–562 Age Discrimination in Employment Act, anomalies in, 523 353 bibliographic essays, 856–861 Agency for International Development, colonial period, during, 524 121 early Republic, during Agent Orange, 186 canals and, 531 Agricultural Act of 1970, 553 cotton, importance of, 528–529 Agricultural Adjustment Act of 1933 divestment of public domain to associationalism and, 568 individuals, 527–528 Constitutionality of, 570, 693–694 growth of, 530 purposes of, 549 homesteading laws, 528 taxation provisions, 12, 306 markets, development of, 530–531 war analogy, 693 overview, 526–527 Agricultural Adjustment Act of 1938, 301, public land laws, 530 303, 697 railroads and, 529–530 Agricultural Adjustment Administration settlement and, 527 (AAA) territorial expansion and, 530, administrative state, as part of, 10 531–532 agricultural labor and, 346 transportation, development of, conflict with other New Deal measures, 531–532 276 Great Depression, effect of, 548–549 Court decisions regarding, 12 historical background, 525–526 expansion of powers, 549–550 legal institutions, role of, 524 federalism, impact on, 138 market capitalism versus self-sufficiency, Hughes Court on, 139 525, 559 production limits, 549 national government, role of, 523–524, purposes of, 273 561–562 © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-80307-6 - The Twentieth Century and After (1920- ) Edited by Michael Grossberg and Christopher Tomlins Index More information 908 Index Agriculture and law (cont.) marketing bureaus, 541–542 New Deal, during overview, 540–541, 560–561 AAA (See Agricultural Adjustment scientific experimentation, 543–544 Administration) property rights and, 524 legacy of, 552 public law, 523, 525, 559, 561 overview, 549, 561 regional diversity, 559–560 production limits, 549 Stock Market Crash of 1929, effect of, Schechter Poultry case, 550 547–548 shortcomings of, 551–552 A. H. Robins Company, 186 states, role of, 550–551 Aid to Dependent Children (ADC) overview, 522 African-Americans and, 364, 365 post-Civil War period, during dual systems of family law embodied in, cooperatives, 538–539 365–367 Farmers’ Alliance, 539 eligibility, restrictions on, 365 Grange (See Grange) employment, effect of, 336 Homestead Act, impact of, 534–535 establishment of, 363–364 land grants, 533–534 gender and, 340–341 markets, development of, 535–537, illegitimacy and, 365 560 mothers’ pensions, replacement of, monopolies and, 537–538 340 national government, role of in race and, 364, 365 marketing, 535–537 survivors insurance contrasted, 364, overview, 532, 560 365, 367 Populists (See Populists) unwed mothers and, 364 railroads and, 537–538 Aid to Families with Dependent Children rate regulation and, 537–538 (AFDC) Western land, development of, 535 hearings, 356 post-World War I period, during judicial decisions regarding, 371, 372 associationalism, 546 origin of, 365 cooperatives, 547 reform of, 374 crash in prices, 545–546 unwed mothers and, 246 decline in farm movement, 544–545 AIDS (acquired immune deficiency overproduction, problems of, syndrome), 252–253 546–547 Air pollution, 509–510 reemergence of farm movement, 546 Air Pollution Control Act, 509 roots of crisis, 544 Airline Deregulation Act of 1978, 28 post-World War II period, during Al Qaeda, 714 “agribusiness,” 552 Alabama, University of, 432 antitrust law and, 555–556 Alexander, Raymond
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