DOCSLIB.ORG

Proceedings, First Annual Conference April 1973

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Proceedings, First Annual Conference April 1973 PROCEEDINGS, FIRST ANNUAL CONFERENCE APRIL 1973 Maurice C. Benewitz, Editor Table of Contents Order of speeches for the Journal of the First Annual Conference of the Na­ tional Center for the Study of Collective Bargaining in Higher Education. Introduction Page Sidney Hook - The Academic Mission and Collective Bargaining 8 Robert J. Kibbee -A Chancellor Views Bargaining in Retrospect and Prospect ---------------------------------------------------- 18 David Selden - Unionism's Place in Faculty Life ___ _____ ________ _ 24 Donald H. Wollett- Historical Development of Faculty Collective Bar­ gaining and Current Extent__________________________________________________________________ 28 Terrence N. Tice -The Faculty Rights and Responsibilities Report: University of Michigan ______________ _ __ __________ _______________________________ ________ 41 Robert J. Wolfson - Productivity and University Salaries: How will Col- lective Bargaining be Affected? ___ ______________________________ __ _______ 52 Margaret K. Chandler and Connie Chiang - Management Rights Issues in Collective Bargaining in Higher Education____ ___________ 58 Israel Kugler - Creation of a Distinction Between Management and Faculty ____ _____ _______ ___ _____ _________________ _______ _____________________ 67 Tracy H. Ferguson - Certification of Units under Federal Law____ 72 Jerome Lefkowitz - Certification of Units in Higher Education 81 Charles Bob Simpson -Academic Judgement and Due Process__ 89 Milton Friedman - Special Issues in Arbitration of Higher Education Disputes: Academic Judgment and Tenure Quotas ____________________ __ 96 Thomas G. S. Christensen - Due Process and Academic Judgment _ 104 James P. Begin - Collective Bargaining and Collegiality 109 William B. Boyd-The Question of Tenure_ 117 Woodley B. Osborne - Is Tenure a Bargainable Issue? 125 David Newton - Management Structure and the Financing of Bargains in Public Universities 130 Introduction As of September 15, 1973, 211 institutions (or more than 321 Colleges) in the United States have had a Union Agent of some kind designated to represent their faculties and sometimes their non-teaching professionals. This phenom­ enon covers the spectrum from two-year college to university and is true in both the private and public sector. Of these 211 institutions, 25 are in the pri­ vate sector and 186 are in the public sector. The agents include the National Education Association, American Federation of Teachers, American Associa­ tion of University Professors, and unaffiliated groups.1 Why this should have occurred is the subject of an already voluminous lit­ erature.2 It has been suggested by a variety of writers that the reasons include the ability to organize with legal protection provided by state public employ­ ment laws; the necessity of public institution faculties to compete effectively with other organized employee groups for limited governmental resources; the similar need of private sector faculties to compete with other union groups on the same campus; dissatisfaction with governance or other organizational schema on campuses; fears for personal security in an era of cut-backs in edu­ cational resources; the coming of tenure quotas;3 and the like. At the same time, a number of faculties have deliberately decided not to enter into bargaining, at least at the present. This collection of papers includes an examination of the reasons for such behavior at the University of Michigan by Terrence Tice. On a more general basis, Everett C. Ladd and Seymour M. Lipsett have sought to analyze both why some faculties, and which ones, have entered into bargaining and why other faculties have thus far declined to do so. Their study seems to suggest a relationship between the decision made and the status of the institution in the educational sector.4 As they them­ selves note, the status of institutions is related to the presence or absence of some of the qualities which faculties have sought through unionism: a stronger voice in governance, for example. This compendium of papers presented at the First Annual Conference of the National Center for the Study of Collective Bargaining in Higher Education held in New York City on April 12 and 13, 1973 surveys the status of bargain­ ing as it now exists in higher education, some of the reasons for it, some of the effects already detected, some of the problems created, and some of the ex­ pected future directions bargaining will take. Several overview papers are presented: those of Chancellor Robert Kibbee of the City University of New York, a major institution with a contract; of Dr. Sidney Hook, a distinguished philosopher who discusses the reasons for and impact of bargaining on campus as he sees it; and of Professor Donald H. Wollett who has studied collective bargaining from its inception on campus and who also, as a legal practitioner, was involved in the early growth of 1Elias Liebennan Higher Education Contract Library, National Center of the Study of Collective Bargaining in Higher Education, Baruch College. 2See Bibliography, No. 1 published by the National Center. 3See Keast, W.R., Faculty Tenure. Jossey-Bass, 1973. 'Ladd, E. and Lipsett, S. Professors, Unions, and American Higher Education, McGraw­ Hill, 1973. Also "Unionizing the Professoriate." Change, 5( 6): 38-44, Summer, 1973. 5 unions. As might be expected, Wollett's view that faculties adoption unionism might well abandon traditional governance schemes differ from those of Kibbee and Hook, and they differ among themselves. The papers of Jerome Lefkowitz and Tracy Ferguson trace the legal foun­ dations on which bargaining is based in both the public and private sectors. Distressing as it may be to the campus, it will not be possible to avoid com­ pletely, if at all, the "industrial model'' on campus if the precedents and law relating to the formation of units are drawn from law adapted to the needs of other types of employee groups and these papers show that this is true. Later this year, in June and July, the National Labor Relations Board, in the Syra­ cuse5 and New York University6 unit determinations, showed that application of the usual unit determination rules might well fragment the campus, a result justified in law but at least arguably undesirable in the type of symbiotic com­ munity found on the campus.7 At the same time, as Ferguson shows, the regu­ latory agencies have found the customs and realities of the campus to be difficult to deal with under the law and precedents established: i.e., in the area of collegiality. Who are supervisors? Are chairmen always supervisors? Sometimes? The various unit determinations show the difficulty of applying the law to the campus. The question of collegiality on campus and its implications for bargaining - as well as for unit determination - is discussed in the paper of James P. Begin. If unionism implies an employer-employee relationship as John Dunlop noted long ago,8 is collegiality possible on campus once bargaining has come? A number of scholars such as Donald Walters of the University of Massachu­ setts would answer in the affirmative. Many other students of bargaining would be doubtful that a new type of bargaining model is possible, or at least, that one has emerged. Other papers here presented view the impact of bargaining from many aspects. Margaret P. Chandler and Connie Chiang view the impact on management rights, which is, of course, related to the question of collegiality. Israel Kugler from a union viewpoint, believes a distinction must be created between man­ agement and faculty. Robert J. Wolfson, looks at yet another bargaining prob­ lem, the relationship between productivity, university salaries and bargaining. To what extent will the economics of the campus be altered by this new insti­ tution? One difficulty of answering this question is the vast difference in pay­ ment patterns and their causation that existed before bargaining. Govern­ mental impacts in the public area; relative wealth in the private area; rigid schedule systems v. individual bargains; differing criteria of worth and ac­ complishment have always existed. Yet another economic problem caused by bargaining is examined in the 583-LRRM-1373-79. 683-LRRM-1549-58. 7See the Center Newsletter, Volume 1, No. 1 for a brief discussion of these decisions and their implications. 8Dunlop, J. T. "The Development of Labor Organization: A Theoretical Framework," in Insights Into Labor Issues, R. A. Lester and J. Shister, eds., (New York, 1948) p. 184. 6 paper of David Newton. The significant cost of bargaining and contract admin­ istration must not be disregarded in considering the impact of bargaining on the campus. It would be interesting to discover the equivalent expenditures of the union representatives. Undoubtedly, the cost is high there also. Are the returns worth such expenditure of resources which would presumably be available for other educational uses if not allocated here? Related to collegiality is the question of tenure, tenure quotas, and the right of faculties to bargain over these rights. Many students of collective bargaining have held that the increased security and protection of individual rights achieved in contracts is at least as important as the economic gains in explaining the desire of employees to have contract protections. The papers of Woodley B. Osborne and William B. Boyd deal with the question of tenure and the bargaining process. This writer has suggested elsewhere9 that the broadening of security sought in many bargains for the untenured
Load more

Recommended publications
  • Israel Kugler, 1917-2007 to Organize at CUNY
    12 NEWS Clarion | November-December 2007 After the Taylor Law of 1967 al- lowed for collective bargaining in public institutions in New York, Iz made an even more determined bid Israel Kugler, 1917-2007 to organize at CUNY. His efforts met strong opposition from man- agement and competition from an- By IRWIN YELLOWITZ other faculty organization, the PSC Retirees Chapter Pioneer of unionism in higher education Legislative Conference, headed by Belle Zeller. Israel Kugler, who died on October The rivalry between the organi- 1, was a pioneer, a visionary and an zations led to two collective bar- activist. Iz, as he was known to gaining units and contracts in 1969. everyone, believed in academic In 1972, the UFCT and Legislative unionism when few others did. He Conference merged to form the argued that faculty and profession- Professional Staff Congress. Belle al staff should be in one union to Zeller became president and Iz was maximize their bargaining power. the deputy president. The major He believed that this union should difference between the two groups be affiliated with the labor move- had been Iz’s insistence that an aca- ment and should not only serve the demic union had to be part of the needs and interests of its members larger labor movement. Iz achieved through collective bargaining, but this objective, as the new PSC also work to achieve social justice in rapidly became an influential local the nation at large. in the AFT. Iz was always an active leader who could rally support from many CONTINUED ACTIVISM sources, and he had the intelligence This power sharing arrangement and drive to carry through on his between Kugler and Zeller never program.
    [Show full text]
  • Closing Ranks Robot Madness After the Era Sunbelt Organizing
    Sept.-Oct. 1982 Vol. X, Nos. 7A8. $1 l.JUICtll lt1lY· l~TIT L«i~"1JI~ CLOSING RANKS by MICHAEL HARRINGTON . ~· -~ - .· 3 ROBOT MADNESS by STEVE EARLY 5 AFTER THE ERA by BARBARA EHRENREICH 10 SUNBELT ORGANIZING by GLENN SCOTT 12 Toward Solidarity Day II By Michael !Ja rrington ABOR DAY 1982WASTHEMOSTlRITI cal celebration of that holiday Ill half a century, al least as far as American unions are concerned. The unions have begun lo respond The speeches and parades had new elements. What follows are one socialist's thoughts on where we are going, and where we should go. To begin with, let us summarize some basic themes familiar to readers of DEMOCRAT­ IC LEFT. The current crisis 1s structural in nature. That is, it is not one more cyclical downturn that will be followed by a return to "normalcy," but a destructive transformation of the very character of the economy. When "recovery" comes, hundreds of thousands of !'.tffHCO workers in basic industry will not return to ( 1 l• ••'.1'. their jobs. The jobs have been destroyed. --- == In the first phase of the Reagan adminis­ tration, th~ president- who did recognize that the crisis was structural-tried to deal with the situation through "supply-side" tax cuts ''No return to the past can bring us out ofthis national plight.. outrageously biased in favor of the corpora­ tions and the rich. The recipients of this lar­ gesse were supposed to invest and pull the Supply side economics failed to spur m­ Before turning to some thoughts on the proper economy out of its slump.
    [Show full text]
  • Tw••1~Jlopl"T- Annl•IC~Nfer~Nee A:I.Fl;L~
    ~e~i'1P·. Tw••1~Jlopl"t- Annl•IC~nfer~nee A:i.Fl;l~ DOUCLAS,IJ. WilJtl, llir:.tor: . BJ!Tll ~~l\IANlti!IN~N, B()itor IDGllER EDUCATION COLLECTIVE BARGAINING: BACK TO "CB" BASICS Proceedings Twenty-Fourth Annual Conference April 1996 DOUGLAS H. WIDTE, Director BETH HILLMAN JOHNSON, Editor National Center for the Study of Collective Bargaining in Higher Education and the Professions School of Public Affairs, Baruch College, The City University of New York Copyright© 1996 in U. S. A. By the National Center for the Study of Collective Bargaining in Higher Education and the Professions Baruch College, City University of New York 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, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher. Price: $45.00 ISSN 0742-3667 ISBN 0911259-34-1 TABLE OF CONTENTS. INTRODUCTION .................................................................................. vii Beth Hillman Johnson I. LEADERS SPEAK OUT ON HIGHER EDUCATION COLLECTIVE BARGAINING A. HIGHER EDUCATION COLLECTIVE BARGAINING: ISSUES FOR THE 21ST CENTURY ........................................... 3 Stephen Joel Trachtenberg B. HIGHER EDUCATION UNIONS IN A TIME OF CHANGE: COLLECTIVE BARGAINING AND AFFIRMATIVE ACTION .......................................................... 10 Terry Jones C. RECENT TRENDS IN COLLECTIVE BARGAINING IN CANADA ..............................................................................
    [Show full text]
  • List of Refernces
    SEWING THE SEEDS OF STATEHOOD: GARMENT UNIONS, AMERICAN LABOR, AND THE ESTABLISHMENT OF THE STATE OF ISRAEL, 1917-1952 By ADAM M. HOWARD A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF FLORIDA 2003 Copyright 2003 by Adam M. Howard ACKNOWLEDGMENTS The research and writing of this dissertation, spanning a period of five years, required assistance and understanding from a variety of individuals and groups, all of whom I wish to thank here. My advisor, Robert McMahon, has provided tremendous encouragement to me and this project since its first conception during his graduate seminar in diplomatic history. He instilled in me the courage necessary to attempt bridging three subfields of history, and his patience, insight, and willingness to allow his students to explore varied approaches to the study of diplomatic history are an inspiration. Robert Zieger, in whose research seminar this project germinated into a more mature study, offered tireless assistance and essential constructive criticism. Additionally, his critical assessments of my evidence and prose will influence my writing in the years to come. I also will always remember fondly our numerous conversations regarding the vicissitudes of many a baseball season, which served as needed distractions from the struggles of researching and writing a dissertation. Ken Wald has consistently backed my work both intellectually and financially through his position as the Chair of the Jewish Studies Center at the University of Florida and as a member of my committee. His availability and willingness to offer input and advice on a variety of topics have been most helpful in completing this study.
    [Show full text]
  • American Educator, Winter 2013-2014
    VOL. 37, NO. 4 | WINTER 2013–2014 www.aft.org /ae How Not to Go It Alone WAYS COLLABORATION CAN STRENGTHEN EDUCATION WHERE WE STAND PLAN NOW TO ATTEND THE AFT’S 16TH ANNUAL CENTER FORSchool Improvement LEADERSHIP INSTITUTE NEW YORK CITY | JANUARY 23–26, 2014 The American Federation of Teachers Center for School Improvement and the United Federation of Teachers Teacher Center have partnered to deliver an institute on facilitating school improvement through labor-management collaboration that results in higher student achievement. PARTICIPATING TEAMS INCLUDE: • School-level union representatives, • District personnel responsible for principals, members of school- facilitating school improvement improvement teams, and individuals in multiple schools jointly identified by with day-to-day responsibility for the district and union supporting school-level redesign • Members and community leaders • Union leadership or staff assigned to of district school-improvement teams support redesign at both the school and district levels To register online, go to www.aft.org/issues/schoolreform/csi/institute.cfm. Questions? Email [email protected]. WHERE WE STAND Pushing Forward Together RANDI WEINGARTEN, President, American Federation of Teachers I HAVE SEEN LABORMANAGEMENT those relationships are poor. Yet collabora- expert assistance to several school improve- relations at their best and at their worst. In tion is more the exception than the norm. ment eorts with collaboration at their core. fact, I’ve been party to both. In my early days Unfortunately, without partners on both We are ghting for the Common Core State Improvement as president of the United Federation of sides of the labor-management equation Standards to be implemented with, and not Teachers in New York City, I worked closely willing to put students at the forefront of imposed on, teachers, and for the needs of with the then-chancellor of the city’s public their concerns, signicant progress will be teachers and students to be rst and foremost schools to launch one of the most successful impeded, if not impossible.
    [Show full text]
  • Thousands of Arab Refugees Flee in Wake of Israel's
    ThousandsofArab Refugees Flee InWake of Israel's''Blitzkrieg'' THE Use of Napalm Infliefs MILITANTHeavy Toll in Jordan Published in the Interest of the Working People Vol. 31 - No. 25 Monday, June 19, 1967 Price 10¢ JohnsonStores DoubleGain wit/, Israel'sVi,tory By Harry Ring JUNE 14 - The victory of the ways higher than in Southeast Israeli army over the Arab peoples Asia. That's why, if the Israeli is proving a many-sided blessing forces had faltered, the U.S. stood for the Johnson administration ready to move in militarily even and a spur to its program to though already pinned down in a secure the domination of the U.S. major war in Vietnam. And despite throughout the world. For a brief the double-talk emanating from moment, when the Israeli army Washington, the rulers of the U.S. first swept into the Arab countries, were and are ready to escalate Washington felt it might have to their aggression into the Mideast intervene with its own forces. if need be. FLEE ISRAELI BLITZKRIEG. Arab refugees on road to Amman, Jordan, after crossing Jordan But the Israeli success achieved The assurance being shown on River. Reports indicate that more than 100,000 have fled Israeli aggression in western Jordan. Johnson's aim and - as a bonus - the Mideast by the Johnson admi­ while doing so left him looking nistration today is by no means By Barry Sheppard doctors from the American Uni­ ern diplomatic sources reported like a man of peace and modera­ what prevailed in the initial stage JUNE 14 - In a gloating pro­ versity Hospital in Beirut, which from Jordan said that in Jerusa­ tion.
    [Show full text]
  • JEWS in the AMERICAN LABOR MOVEMENT: PAST, PRESENT and FUTURE by Bennett Muraskin
    JEWS IN THE AMERICAN LABOR MOVEMENT: PAST, PRESENT AND FUTURE by Bennett Muraskin INTRODUCTION Think of the greatest strikes in US labor history. Apart from the garment workers' strikes in New York and Chicago before World War One, none come to mind in which Jews played a major role. The railroad workers' strike in 1877, the strikes for the eight-hour day in 1886, the Homestead Strike in 1892, the Pullman strike in 1894, the coalminers' strike in 1902, the steelworkers' strike in 1919, the general strike in San Francisco in 1934 and autoworkers' sit- down strike in 1936-1937 all occurred either before Jews immigrated to the US in large numbers or in industries where few Jews were employed. Among the “industrial proletariat” considered by Marxists to be the agency of social revolution, Jews were under-represented. Furthermore, apart from the WASP elite, only Jews, among all European immigrants to the US, have been over-represented in the world of business. But if you look a little closer, you will find Jews as the ferment for a great deal of radical labor activism. The only two Socialist Party candidates elected to the US Congress were Victor Berger and Meyer London. Bernie Sanders is the only US Senator to call himself a “socialist.” All three were Jews. (Ronald Dellums, a non-Jewish Black man who represented Berkeley CA in Congress as Democrat from 1970 to 1997, is the only other person to so identify.) The Jewish garment workers' unions pioneered social unionism and were among the founders of the CIO.
    [Show full text]
  • AFT Office of the President Records
    AFT - Office of the President Collection Papers, 1960-1974 (predominately 1968-1974) 22 linear feet Accession # 1553 DALNET # OCLC # In 1916, a handful of teachers met outside of Chicago to discuss the formation of the American Federation of Teachers (AFT) . What brought them together was the belief that they needed a new national organization that would be committed to their professional interests, would benefit the people they served, and would work to create strong local unions affiliated with the American labor movement. From this foundation, the AFT has grown into a trade union representing workers in education, health care, and public service. The records of the AFT’s office of the President Collection consist of minutes, correspondence, reports, publications and other materials documenting the union’s activities in organizing and servicing affiliates, improving teaching conditions and influencing legislation affecting education and social issue during the presidencies of Charles Cogen and David Selden. Important subjects in the collection: Collective Bargaining - Education - United States Education - Bilingual Educational Change Education - Curricula Educational - Finance Education - Special Education Education - Law and Legislation Education and Crime National Education Association More Effective Schools Program Oceanhill-Brownsville Professional Employees-Labor Unions- United States Public Employee - Labor Unions - United States School Children - Transportation - United States Segregation in Education - United States Sexual - Discrimination 1 Schools - Discrimination Strikes and Lockouts - Teachers - United States Strikes and Lockouts - Newark - New Jersey Strikes and Lockouts - San Francisco - California Teachers - Job Stress Teachers - Los Angeles - California Teachers - New York City - New York Teachers - Political Activity Teachers - United States Teacher Centers Working Class - Education Important correspondents in the collection: Joseph Alioto Israel Kugler Si Beagle Harry V.
    [Show full text]
  • The Cuba Family Archives for Southern Jewish History at the Breman Museum Mss 167, Rubin and Lola Lansky Papers, 1940- 1996
    William Breman Jewish Heritage Museum Cuba Family Archives for Southern Jewish History Weinberg Center for Holocaust Education THE CUBA FAMILY ARCHIVES FOR SOUTHERN JEWISH HISTORY AT THE BREMAN MUSEUM MSS 167, RUBIN AND LOLA LANSKY PAPERS, 1940- 1996 BOX 1, FILE 7 Holocaust Conferences and Institutes, 1989-1990 ANY REPRODUCTION OF THIS MATERIAL WITHOUT THE EXPRESS WRITTEN CONSENT OF THE CUBA FAMILY ARCHIVES IS STRICLY PROHIBITED The William Breman Jewish Heritage Museum ● 1440 Spring Street NW, Atlanta, GA 30309 ● (678) 222-3700 ● thebreman.org \ I ' THE~ 9TH ANNUAL SCHOLARS' CON.FERENCE ON THE HOLOCAUST 11 8earing Witness: 1939-198911 5-7 March 1989 Holiday Inn: Independence Mall Philadelphia Alan L. Berger Chairman Franklin H. Littell Hubert G. Locke Co-Founders Sponsors The Anne Frank Institute of Philadelphia The United States Holocaust Memorial Council National Association of Holocaust Educators The International Bonhoeffer Society Cuba Family Archives Mss 167 Rubin and Lola Lansky Papers, 1940-1996, The Cuba Family Archives for Southern Jewish History at the Breman Museum ). .. , .f ' International Boahoeffer Society carries on the memory and work of Dietrich Bonhoeffer (1906-45), a young ecumenical leader who opposed Nazism and was martyred. His writ­ ings, like his Life and Death, have informed and inspired readers in many countries. The U.S. Holocaust Memorial Council is an agency of the Federal Government, with 55 members appointed to 5-year terms by the President by and with the consent of the Sen­ ate. In addition to holding annual Yorn Hashoah (Day of Remembrance) commemorations, the council is building a memorial museum on the mall in Washingto~.
    [Show full text]
  • Institutions of Higher Education and Urban Problems: a Bibliography and Review for Planners
    DOCUMENT RESUME ED 086 116 HE 005 024 AUTHOR Daly, Kenneth, Comp. TITLE Institutions of Higher Education and Urban Problems: A Bibliography and Review for Planners. Council of Planning Librarians Exchange Bibliography #398-399-400. INSTITUTION Council of Planning Librarians, Monticello, Ill. PUB DATE May 73 NOTE 261p. AVAILABLE FROM Council of Planning Librarians, Post Office Box 229, Monticello, Illinois 61856 ($12.50) EDRS PRICE MF-$0.65 HC-$9.87 DESCRIPTORS *Bibliographies; City Problems; Community Colleges; Educational Administration; *Educational Planning; *Higher Education; Institutional Role; Literature Reviews; Planning; *School Community Relationship; *Urban Universities ABSTRACT The demand that institutions of higher education do something about the problems of the cities/generated a great deal of discussion during the 1960s. Unrest within the university and in the city provoked a number of programs and projects that attempted to bring the resources of the university to bear on different aspects of urban life, and even sometimes to make these resources available to city-dwellers. These activities stimulated further discussion and controversy. This bibliography is an attempt to bring together those contributions to this literature that might be useful for those who have to plan the role of the university in the city in the new content of the 1970s. The basic concern of the literature review section is to analyze what the different writers have to contribute to the self-understanding of planners of institutions and systems of higher education. The bibliography is divided into 6 parts: institutions of higher education; higher education in and for the city; university degree programs and the city; institutional activity in the'community; planning active institutions; and bibliographies and directories.
    [Show full text]
  • Revolution Too Soon: Woman Suffragists and the Living Constitution, A
    A REVOLUTION TOO SOON: WOMAN SUFFRAGISTS AND THE "LIVING CONSTITUTION" ADAM WINKLER* From 1869 to 1875, activists associatedwith the National Woman Suffrage Associa- tion, including Susan B. Anthony and Elizabeth Cady Stanton, argued that the United States Constitution guaranteed women's right to vote. Adam Winkler ar- gues that this movement-which the suffragists termed the "New Departure"-- rested on an innovative theory of constitutional interpretationthat would become the dominant mode of constitutionalconstruction in the twentieth century. Now recognizable as "living constitutionalism," the suffragists' approach to constitu- tional interpretation was harshly critical of originalism-the dominant mode of nineteenth-century interpretation-andproposed to construe textual language to keep up with changingsocietal needs. This Article analyzes the intellectual currents that made plausiblethe suffragists' embrace of an evolutionaryinterpretive method- ology, traces the development of the suffragists' approach as they fought for the franchise in Congress and in the courts, and reveals how radicalsuffragists encoun- tered the obstacles of originalism at every turn. Correcting the error of constitu- tional historians who assert that living constitutionalism first emerged in the Progressive Era, this Article stakes a claim for recognizing woman suffragists as important innovators at the forefront of modern constitutional thought. Introduction .................................................... 1457 I. Originalism and the Intellectual Currents Underlying Static Constitutionalism ................................. 1460 A. Originalism and the Turn to Evolutionary Constitutionalism in Historical Scholarship ......... 1460 B. The Institutional and Cultural Context of the Suffragists' Constitutional Method .................. 1466 II. The National Woman Suffrage Association and the Development of Suffragist Living Constitutionalism ....1473 A. A Minor Suggestion ................................ 1473 * Lecturer in Law, University of Southern California Law School; John M.
    [Show full text]
  • A Short History of Jews in the American Labor Movement
    A SHORT HISTORY OF JEWS IN THE AMERICAN LABOR MOVEMENT By Bennett Muraskin German-speaking Jews who arrived in the United States in the mid-19 th century spread across the U.S. and tended to be merchants and shopkeepers. Yiddish-speaking Jews from Eastern Europe who arrived in the U.S. beginning in the 1880s settled in the big cities and tended to be workers. The conditions they faced were daunting. Low wages, long hours, unsafe workplaces and overcrowded and unsanitary tenement housing were the norm. Most of these Jewish immigrants came from small towns and were not prepared for the noise, dirt, congestion, disease and crime rampant in the great American cities of that period. Some even turned to crime and prostitution. However, they were free of the anti-Semitic laws and violence that plagued them in Eastern Europe. Their children were entitled to a free public education and once they became citizens, they could vote and participate in the political process. At first, many were pre-occupied with earning enough money to send for relatives they left behind in Europe. From the beginning, Jews gravitated to the garment industry in part because they had experience as tailors in Eastern Europe. It did not take long before they began to see trade unions as the path their economic and social progress. However, before going any further, it is necessary to recognize one of the most important Jewish personalities in the history of the American labor movement, Samuel Gompers. Gompers came to US from England in 1863. His parents came from Holland, with ancestry dating back to Spain.
    [Show full text]