Legislative-Executive Conflict and Private Statutory Litigation in the US: Evidence from Labor, Civil Rights, and Environmental Law

2010 ◽  
Author(s):  
Sean Farhang
2021 ◽  
Vol 111 ◽  
pp. 143-148
Author(s):  
Martha J. Bailey ◽  
Thomas Helgerman ◽  
Bryan A. Stuart

The 1960s witnessed landmark legislation that aimed to increase women's wages, including the Equal Pay Act of 1963, Title VII of the Civil Rights Act, and the 1966 amendments to the Fair Labor Standards Act. Although the gender gap in pay changed little at the mean/median during the decade, our distributional analysis shows that women's wages converged sharply on men's below but diverged above the median. However, the bulk of women's relative pay gains are not explained by changes in observed attributes. Our findings suggest an important role for legislation in narrowing the gender gap in the 1960s.


2018 ◽  
Vol 17 (3) ◽  
pp. 299-311
Author(s):  
Colette Gaiter

In the post-Civil Rights late 1960s, the Black Panther Party (BPP) artist Emory Douglas created visual messages mirroring the US Western genre and gun culture of the time. For black people still struggling against severe oppression, Douglas’s work metaphorically armed them to defend against daily injustices. The BPP’s intrepid and carefully constructed images were compelling, but conversely, they motivated lawmakers and law enforcement officers to disrupt the organization aggressively. Decades after mainstream media vilified Douglas’s work, new generations celebrate its prescient activism and bold aesthetics. Using empathetic strategies of reflecting black communities back to themselves, Douglas visualized everyday superheroes. The gun-carrying avenger/cowboy hero archetype prevalent in Westerns did not transcend deeply embedded US racial stereotypes branding black people as inherently dangerous. Douglas helped the Panthers create visual mythology that merged fluidly with the ideas of Afrofuturism, which would develop years later as an expression of imagined liberated black futures.


Author(s):  
Yen Le Espiritu

Much of the early scholarship in Asian American studies sought to establish that Asian Americans have been crucial to the making of the US nation and thus deserve full inclusion into its polity. This emphasis on inclusion affirms the status of the United States as the ultimate protector and provider of human welfare, and narrates the Asian American subject by modern civil rights discourse. However, the comparative cases of Filipino immigrants and Vietnamese refugees show how Asian American racial formation has been determined not only by the social, economic, and political forces in the United States but also by US colonialism, imperialism, and wars in Asia.


2021 ◽  
pp. 145-198
Author(s):  
M.I. Franklin

Chapter 5 focuses on a work from Karlheinz Stockhausen entitled Hymnen (Anthems). Stockhausen’s influence on the electronic music avant-garde, in classical and popular music domains, on those from his native Germany to the UK, the US, and elsewhere, is legendary. The techniques Stockhausen was refining were also being put to work by the Beatles, Miles Davis, and Frank Zappa, to name a few. Working with national anthems that are sampled and transformed, Hymnen is a landmark work that I argue is as much about “remembering” as it is a research-based experiment in the early years of electronic and acoustic sound transformation. This work, completed during 1960s, evokes the cold war years where space exploration, civil rights, and nuclear (dis)armament standoffs between the communist East and the capitalist West predominated. It is also the decade of Woodstock, political assassinations, civil rights, and antiwar movements in the US and around the world. Hymnen still has a lot to offer for contemporary explorations into the geopolitics of any music-politics nexus.


2019 ◽  
pp. 174-189
Author(s):  
Robert Greene

This chapter analyzes the National Review’s shifting narratives and historical memories of the contentious relationship between the modern conservative movement, Martin Luther King Jr., and the US civil rights movement. National Review writers largely opposed the civil rights movement up until the mid-1960s, casting Black freedom activists and their goals as threats to civilized order and the spirit of the US Constitution. Yet, the National Review would ultimately take on a leading role in reconsidering the conservative movement’s animosity toward King and civil rights—drawing parallels between conservative principles and civil rights claims, and even making fraught color-blind conservative claims to King’s legacy.


Author(s):  
C. C. W. Taylor

‘The iconic Socrates’ considers Socrates’ role as a gay icon and an icon for civil disobedience. In the Platonism revival of the Florentine Renaissance, the high-minded picture of Platonic/Socratic love focused on the spiritual and intellectual perfection of the beloved, but in an alternative ancient tradition Socrates was presented as a sexual enthusiast, with a penchant for attractive boys. The context of Socrates’ emergence as a major political icon of the 20th century was provided by the US civil rights movement and the anti-Vietnam War movement, but there is no evidence that Socrates ever actually espoused civil disobedience as a political ideology or performed any act of civil disobedience. Socrates remains a pioneer of systematic ethical thought and a paragon of moral and intellectual integrity.


2019 ◽  
pp. 23-40
Author(s):  
Stephen A. Crist

This chapter concerns the internationalization of the Dave Brubeck Quartet. After several years of preliminary discussions, in 1958 the group finally traveled abroad for the first time, on a three-month trip, largely under the auspices of the US State Department. By this time, the Quartet’s personnel finally reached a steady state, after a series of different bass players and drummers. The “classic” Quartet was the group of musicians who recorded Time Out the next year. Around the same time, Brubeck became increasingly involved with issues of civil rights. The Quartet also made history in the late 1950s by performing jazz in concert halls and on college campuses. Finally, Dave and Iola Brubeck devoted themselves tirelessly to the creation and promotion of The Real Ambassadors, a musical that they hoped would be produced on Broadway.


Author(s):  
Nancy K. Bristow

In 1972 the families of Phillip Gibbs, James Earl Green, and three students injured in the Jackson State shootings, filed suit against Mississippi, its former governor, the city of Jackson and its mayor, leadership of both the highway patrol and city police, and the patrolmen and policemen who had fired their weapons. White defense attorneys worked to recast the police and Jackson’s white citizens as the shooting’s victims and coupled presumed black criminality with accusations about civil rights activism. Jackson’s black community was not surprised when the all-white jury found for the defendants. A federal appeals court disagreed, finding law enforcement officers had overreacted in an “excessive and unjustifiable use of force” but maintained no damages could be paid because the state and its officers were protected by “sovereign immunity.” When the US Supreme Court refused to hear the case, the last legal recourse of the Jackson State victims ended.


2020 ◽  
Vol 11 (1) ◽  
pp. 30-60
Author(s):  
Gavin Byrne

In this article I show that the form of argument put forward by the climate change denial movement in the United States (US) closely resembles that used in Nazi Germany with regard to Nazi racial definitions. Each involves a rejection of scientific method. This rejection inherently lends itself to far-right politics, which is a philosophy of prejudice. The prevalence of such a philosophy in contemporary American political culture, exemplified through climate change denial, has arguably opened the door for a president of Trump's type. Nevertheless, the US Constitution is far more difficult to suspend than that of the Weimar Republic. As a result, US institutional safeguards against a philosophy of prejudice are likely to hold against a short-term assault on environmental justice in a way that the Weimar Republic's constitutional order did not against Nazism's assault on civil rights. The greater threat to environmental protection in the contemporary US situation is the slow erosion of democratic norms by the Trump administration.


Author(s):  
Angélica Maria Bernal

This chapter examines appeals to the authority of original founding events, founding ideals, and Founding Fathers in contemporary constitutional democracies. It argues that these “foundational invocations” reveal a window into the unique, albeit underexamined function that foundings play: as a vehicle of persuasion and legitimation. It organizes this examination around two of the most influential visions of founding in the US tradition: the originalist, situated in the discourses of conservative social movements such as the Tea Party and in conservative constitutional thought; and the promissory, situated in the discourses of social movements such as the civil rights movement. Though they might appear radically dissimilar, this chapter illustrates how these two influential conceptualizations of founding together reveal a shared political foundationalism that conflates the normative authority of a regime for its de facto one, thus circumscribing radical change by obscuring the past and placing founding invocations and their actors beyond question.


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