FDR and the New Deal
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Learned Hand: the Jurisprudential Trajectory of an Old Progressive
Buffalo Law Review Volume 43 Number 3 Article 7 12-1-1995 Learned Hand: The Jurisprudential Trajectory of an Old Progressive Edward A. Purcell Jr. New York Law School Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Legal History Commons Recommended Citation Edward A. Purcell Jr., Learned Hand: The Jurisprudential Trajectory of an Old Progressive, 43 Buff. L. Rev. 873 (1995). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol43/iss3/7 This Book Review is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. BOOK REVIEW Learned Hand: The Jurisprudential Trajectory of an Old Progressive EDWARD A. PURCELL, JR.t For more than half a century Learned Hand sat on the federal bench, and he is still widely considered the greatest American judge never to sit on the United States Supreme Court.1 For two decades Gerald Gunther, a distinguished authority on constitu- tional law, has labored faithfully on his biography. Such an excep- tional combination of author and subject promises a weighty and stimulating result, and Learned Hand: The Man and the Judge2 amply fulfills the expectation. It is massive in scope, elegant in style, insightful in analysis, and sensitive in characterization. Gunther examines the noteworthy events that marked Hand's public career and explores the fears, beliefs, aspirations, and inse- curities that shaped his private reality. -
The Historic Failure of the Chicago School of Antitrust Mark Glick
Antitrust and Economic History: The Historic Failure of the Chicago School of Antitrust Mark Glick1 Working Paper No. 95 May 2019 ABSTRACT This paper presents an historical analysis of the antitrust laws. Its central contention is that the history of antitrust can only be understood in light of U.S. economic history and the succession of dominant economic policy regimes that punctuated that history. The antitrust laws and a subset of other related policies have historically focused on the negative consequences resulting from the rise, expansion, and dominance of big business. Antitrust specifically uses competition as its tool to address these problems. The paper traces the evolution of the emergence, growth and expansion of big business over six economic eras: the Gilded Age, the Progressive Era, the New Deal, the post-World War II Era, the 1970s, and the era of neoliberalism. It considers three policy regimes: laissez-faire during the Gilded Age and the Progressive Era, the New Deal, policy regime from the Depression through the early 1970s, and the neoliberal policy regime that dominates today and includes the Chicago School of antitrust. The principal conclusion of the paper is that the activist antitrust policies associated with the New Deal that existed from the late 1 Professor, Department of Economics, University of Utah. Email: [email protected]. I would like to thank members of the University of Utah Competition Group, Catherine Ruetschlin, Marshall Steinbaum, and Ted Tatos for their help and input. I also benefited from suggestions and guidance from Gérard Duménil’s 2019 seminar on economic history at the University of Utah. -
Mere Libertarianism: Blending Hayek and Rothbard
Mere Libertarianism: Blending Hayek and Rothbard Daniel B. Klein Santa Clara University The continued progress of a social movement may depend on the movement’s being recognized as a movement. Being able to provide a clear, versatile, and durable definition of the movement or philosophy, quite apart from its justifications, may help to get it space and sympathy in public discourse. 1 Some of the most basic furniture of modern libertarianism comes from the great figures Friedrich Hayek and Murray Rothbard. Like their mentor Ludwig von Mises, Hayek and Rothbard favored sweeping reductions in the size and intrusiveness of government; both favored legal rules based principally on private property, consent, and contract. In view of the huge range of opinions about desirable reform, Hayek and Rothbard must be regarded as ideological siblings. Yet Hayek and Rothbard each developed his own ideas about liberty and his own vision for a libertarian movement. In as much as there are incompatibilities between Hayek and Rothbard, those seeking resolution must choose between them, search for a viable blending, or look to other alternatives. A blending appears to be both viable and desirable. In fact, libertarian thought and policy analysis in the United States appears to be inclined toward a blending of Hayek and Rothbard. At the center of any libertarianism are ideas about liberty. Differences between libertarianisms usually come down to differences between definitions of liberty or between claims made for liberty. Here, in exploring these matters, I work closely with the writings of Hayek and Rothbard. I realize that many excellent libertarian philosophers have weighed in on these matters and already said many of the things I say here. -
Uniting Mugwumps and the Masses: the Role of Puck in Gilded Age Politics, 1880-1884
Uniting Mugwumps and the Masses: The Role of Puck in Gilded Age Politics, 1880-1884 Daniel Henry Backer McLean, Virginia B.A., University of Notre Dame, 1994 A Thesis presented to 1he Graduate Faculty of the University of Virginia in Candidacy for the Degree of Master of Arts Department of English University of Virginia August 1996 WARNING! The document you now hold in your hands is a feeble reproduction of an experiment in hypertext. In the waning years of the twentieth century, a crude network of computerized information centers formed a system called the Internet; one particular format of data retrieval combined text and digital images and was known as the World Wide Web. This particular project was designed for viewing through Netscape 2.0. It can be found at http://xroads.virginia.edu/~MA96/PUCK/ If you are able to locate this Website, you will soon realize it is a superior resource for the presentation of such a highly visual magazine as Puck. 11 Table of Contents Introduction 1 I) A Brief History of Cartoons 5 II) Popular and Elite Political Culture 13 III) A Popular Medium 22 "Our National Dog Show" 32 "Inspecting the Democratic Curiosity Shop" 35 Caricature and the Carte-de-Viste 40 The Campaign Against Grant 42 EndNotes 51 Bibliography 54 1 wWhy can the United States not have a comic paper of its own?" enquired E.L. Godkin of The Nation, one of the most distinguished intellectual magazines of the Gilded Age. America claimed a host of popular and insightful raconteurs as its own, from Petroleum V. -
Richard T. Ely and Woodrow Wilson at “The Hopkins”
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 Shaping of a Future President’s Economic Thought Richard T. Ely and Woodrow Wilson at “The Hopkins” F CLIFFORD F. THIES AND GARY M. PECQUET homas Woodrow Wilson (1856–1924) was the first and is still the only president oftheUnitedStatestoholdanearneddoctoraldegree.HisPh.D.wasawarded T by the Johns Hopkins University (“The Hopkins”) in 1886. He was also the president of an institution of higher education and, unique among U.S. -
Wilson's New Freedom
p0538-543aspe-0517s5 10/17/02 8:54 AM Page 538 Wilson’s New Freedom MAIN IDEA WHY IT MATTERS NOW Terms & Names Woodrow Wilson established The passage of the Nineteenth •Carrie Chapman •Federal Reserve a strong reform agenda as a Amendment during Wilson’s Catt System progressive leader. administration granted women •Clayton Antitrust •Nineteenth the right to vote. Act Amendment •Federal Trade Commission (FTC) One American's Story On March 3, 1913, the day of Woodrow Wilson’s inauguration, 5,000 woman suffragists marched through hostile crowds in Washington, D.C. Alice Paul and Lucy Burns, the parade’s organizers, were members of the National American Woman Suffrage Association (NAWSA). As police failed to restrain the rowdy gathering and congressmen demanded an investi- gation, Paul and Burns could see the momentum building for suffrage. By the time Wilson began his campaign for a second term in 1916, the NAWSA’s president, Carrie Chapman Catt, saw victory on the horizon. Catt expressed her optimism in a letter to her friend Maud Wood Park. A PERSONAL VOICE CARRIE CHAPMAN CATT “ I do feel keenly that the turn of the road has come. I really believe that we might pull off a campaign which would mean the vote within the ▼ next six years if we could secure a Board of officers who would have sufficient Carrie Chapman Catt momentum, confidence and working power in them. Come! My dear Mrs. Park, gird on your armor once more.” —letter to Maud Wood Park Catt called an emergency suffrage convention in September 1916, and invit- ed President Wilson, who cautiously supported suffrage. -
Politics in the Gilded Age
Politics in the Gilded Age MAIN IDEA WHY IT MATTERS NOW Terms & Names Local and national political Political reforms paved the way •political machine •James A. Garfield corruption in the 19th for a more honest and efficient •graft •Chester A. Arthur century led to calls for government in the 20th century •Boss Tweed •Pendleton Civil reform. and beyond. •patronage Service Act •civil service •Grover Cleveland •Rutherford B. •Benjamin Hayes Harrison One American's Story Mark Twain described the excesses of the late 19th centu- ry in a satirical novel, The Gilded Age, a collaboration with the writer Charles Dudley Warner. The title of the book has since come to represent the period from the 1870s to the 1890s. Twain mocks the greed and self-indulgence of his characters, including Philip Sterling. A PERSONAL VOICE MARK TWAIN AND CHARLES DUDLEY WARNER “ There are many young men like him [Philip Sterling] in American society, of his age, opportunities, education and abilities, who have really been educated for nothing and have let themselves drift, in the hope that they will find somehow, and by some sudden turn of good luck, the golden road to fortune. He saw people, all around him, poor yesterday, rich to-day, who had come into sud- den opulence by some means which they could not have classified among any of the regular occupations of life.” —The Gilded Age ▼ A luxurious Twain’s characters find that getting rich quick is more difficult than they had apartment thought it would be. Investments turn out to be worthless; politicians’ bribes eat building rises up their savings. -
Gold Democrats and the Decline of Classical Liberalism, 1896–1900
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 Gold Democrats and the Decline of Classical Liberalism, 1896–1900 —————— ✦ —————— DAVID T. BEITO AND LINDA ROYSTER BEITO n 1896 a new political party was born, the National Democratic Party (NDP). The founders of the NDP included some of the leading exponents of classical I liberalism during the late nineteenth century. Few of those men, however, fore- saw the ultimate fate of their new party and of the philosophy of limited government that it championed. -
Chapter 18 Video, “The Stockyard Jungle,” Portrays the Horrors of the Meatpacking Industry First Investigated by Upton Sinclair
The Progressive Movement 1890–1919 Why It Matters Industrialization changed American society. Cities were crowded with new immigrants, working conditions were often bad, and the old political system was breaking down. These conditions gave rise to the Progressive movement. Progressives campaigned for both political and social reforms for more than two decades and enjoyed significant successes at the local, state, and national levels. The Impact Today Many Progressive-era changes are still alive in the United States today. • Political parties hold direct primaries to nominate candidates for office. • The Seventeenth Amendment calls for the direct election of senators. • Federal regulation of food and drugs began in this period. The American Vision Video The Chapter 18 video, “The Stockyard Jungle,” portrays the horrors of the meatpacking industry first investigated by Upton Sinclair. 1889 • Hull House 1902 • Maryland workers’ 1904 opens in 1890 • Ida Tarbell’s History of Chicago compensation laws • Jacob Riis’s How passed the Standard Oil the Other Half Company published ▲ Lives published B. Harrison Cleveland McKinley T. Roosevelt 1889–1893 ▲ 1893–1897 1897–1901 1901–1909 ▲ ▲ 1890 1900 ▼ ▼ ▼▼ 1884 1900 • Toynbee Hall, first settlement • Freud’s Interpretation 1902 house, established in London of Dreams published • Anglo-Japanese alliance formed 1903 • Russian Bolshevik Party established by Lenin 544 Women marching for the vote in New York City, 1912 1905 • Industrial Workers of the World founded 1913 1906 1910 • Seventeenth 1920 • Pure Food and • Mann-Elkins Amendment • Nineteenth Amendment Drug Act passed Act passed ratified ratified, guaranteeing women’s voting rights ▲ HISTORY Taft Wilson ▲ ▲ 1909–1913 ▲▲1913–1921 Chapter Overview Visit the American Vision 1910 1920 Web site at tav.glencoe.com and click on Chapter ▼ ▼ ▼ Overviews—Chapter 18 to preview chapter information. -
Here the Largely Disjointed Progressive Movement Began to Coalesce Around a Set of Policy Directions That Eventually Evolved Into Modern American Liberalism
Cambridge University Press 978-1-107-03831-8 - Political Ideologies and Political Parties in America Hans Noel Excerpt More information 1 Introduction Distilling Their Frenzy from Some Academic Scribbler The ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed the world is ruled by little else. Practical men, who believe themselves to be quite exempt from any intellectual infl uence, are usually the slaves of some defunct economist. Madmen in authority, who hear voices in the air, are distilling their frenzy from some academic scribbler of a few years back. John Maynard Keynes “The General Theory of Employment, Interest, and Money” 1936 First, the shaping of belief systems of any range into apparently logical wholes that are credible to large numbers of people is an act of creative synthesis characteristic of only a miniscule proportion of any population. Second, to the extent that multiple idea- elements of a belief system are socially diffused from such creative sources, they tend to be diffused as “packages,” which consumers come to see as “natural” wholes, for they are presented in such terms (“If you believe this, then you will also believe that, for it follows in such- and- such ways”). Philip Converse “The Nature of Belief Systems in Mass Publics” 1964 Herbert Croly was not a man of action . Croly’s life was spent thinking. In 1909, Croly published The Promise of American Life , in which he argued, in short, that a strong central government might intervene in the economy in ways that could improve the lot of dis- advantaged citizens. -
In Praise of Liberalism: an Assessment of Liberal Political Thought from the 17Th Century to Today
Review of Contemporary Philosophy Vol. 14, 2015, pp. 11–36, ISSN 1841-5261 IN PRAISE OF LIBERALISM: AN ASSESSMENT OF LIBERAL POLITICAL THOUGHT FROM THE 17TH CENTURY TO TODAY MICHAEL B. FRIEDMAN [email protected] School of Social Work, Columbia University ABSTRACT. The author of this essay maintains that liberalism has been the primary source of progressive change in the United States since its earliest history. To support his claim, he traces the philosophical and political history of liberalism in England and the United States. The specific forms of liberalism have varied in different periods of history; but, he maintains, there is an underlying spirit of liberalism that has persisted throughout the past 350 years and can be the source of dynamic progressive social change in the 21st century. Throughout history, he maintains, liberalism has been committed to social progress and has sought to improve the lives of populations that are economically and politically disadvantaged. This underlying spirit, the author argues, can be the source for an energized liberal agenda for the 21st century. Keywords: liberalism; political philosophy; political history 1. Introduction Conservative – and even centrist – opponents of liberalism reject it because they identify it with cumbersome government; reckless spending; high tax- ation; naiveté about economics, crime, and world power; and lack of moral values. What a mistake! In fact, liberalism has been the source of social and political progress in the Western world since the 17th century. The idea that rights set a limit on the legitimate power of government is a liberal idea. The idea that govern- ment must respect the liberty of individuals is a liberal idea. -
Tenements City Sanitation
Growing Pains Tenements Tenements helped answer the growing demand for housing in major urban centers throughout the mid-1800s and early 1900s. While more affluent city residents were relocating to more desirable areas, immigrants were flooding into America’s cities. New York’s Lower East Side especially became the landing point of countless immigrant families. Former single-family homes were retrofitted and subdivided to accommodate multiple families. In some instances, new floors were added to the tops of the buildings and additions were added onto the backs to accommodate more people. At the same time, new tenement buildings were quite literally on the rise. Most tenements were five to seven stories tall, twenty-five feet wide, and one hundred feet deep. Buildings were built as close together as possible in an effort to maximize space. This resulted in limited air circulation. Most rooms in tenement buildings received no natural light. To make matters worse, the buildings were built quickly and inexpensively with poor or no plumbing and, in many instances, no fire escapes. Tenements facilitated the rapid spread of disease, as in 1849 when some five thousand people died from cholera in New York City. The proximity of these buildings, as well as their poor ventilation and building materials, also made them susceptible to fire. This was the case in Chicago in 1871 when a fire destroyed numerous city blocks. There were some early efforts to regulate tenements in the late 1860s, including the Tenement House Act that required buildings to have a minimum of one toilet for every twenty occupants.