Principle and Prejudice: The Supreme Court and Race in the Progressive Era. Part 2: The "Peonage Cases"

1982 ◽  
Vol 82 (4) ◽  
pp. 646 ◽  
Author(s):  
Benno C. Schmidt
Keyword(s):  
Supreme Court ◽  
Progressive Era ◽  
The Supreme Court

“Ravished by Some Moron”: The Eugenic Origins of the Minnesota Psychopathic Personality Act of 1939

2019 ◽  
Vol 31 (2) ◽  
pp. 192-216 ◽  
Author(s):  
Molly Ladd-Taylor
Keyword(s):  
Sex Offenders ◽  
Social Control ◽  
Supreme Court ◽  
Progressive Era ◽  
Civil Commitment ◽  
Psychopathic Personality ◽  
Sex Crimes ◽  
The Supreme Court ◽  
Indefinite Detention ◽  
Administrative Framework

Abstract:Twenty U.S. states permit the indefinite detention of civilly committed sex offenders after the end of their prison sentences if their dangerousness is due to a “mental abnormality.” This article explores the origins of one such law by examining its predecessor, the Minnesota Psychopathic Personality Act of 1939. Passed in the wake of a panic over sex crimes and upheld by the Supreme Court in 1940, Minnesota’s psychopath statute extended a 1917 eugenics law providing for the compulsory civil commitment and institutionalization of “defectives” to persons alleged to have a psychopathic personality. Analyzing the 1917 and 1939 laws together shows how one state’s psychopath statute had less to do with psychiatric authority than with the legal and administrative framework established by Progressive-era eugenics. From the 1910s until today, dubious claims about the ability of science to identify potential criminals legitimized politically popular, but constitutionally questionable, forms of administrative and social control.

The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong

2013 ◽  
Author(s):  
Randy E. Barnett
Keyword(s):  
Supreme Court ◽  
Progressive Era ◽  
New Deal ◽  
The Supreme Court ◽  
Ninth Amendment ◽  
The New Deal

This chapter examines the revival of the presumption of constitutionality and its almost immediate qualification in the form of Footnote Four, which it argues is inconsistent with the Ninth Amendment. The era in which the Supreme Court attempted to scrutinize the necessity and propriety of state and federal restrictions on liberty came to a close as the perceived legitimacy of legislative activism continued to grow. The doctrinal vehicle used by the New Deal Court to overturn the Progressive Era precedents was the adoption of a presumption of constitutionality. The chapter first provides an overview of Footnote Four before discussing the Ninth Amendment, which mandates that unenumerated rights be treated the same as those that are listed. It shows that Footnote Four runs afoul of the text of the Constitution, and more specifically the Ninth Amendment.

scholarly journals Retrospectives: American Economists in the Progressive Era on the Minimum Wage

1999 ◽  
Vol 13 (2) ◽  
pp. 221-230 ◽  
Author(s):  
Robert E Prasch
Keyword(s):  
Supreme Court ◽  
Progressive Era ◽  
Minimum Wage ◽  
Paper Briefly ◽  
The Supreme Court ◽  
Minimum Wage Legislation

Beginning in 1912, a number of states passed minimum wage legislation that applied exclusively to women and minors. These tentative experiments in economic legislation ended in 1923 when the Supreme Court overturned the District of Columbia's minimum wage law. Remarkably, at this time virtually all professional American economists supported some variety of minimum wage legislation; however, they did not all give the same reasons. This paper briefly examines the context in which this minimum wage legislation was passed and then surveys several of the arguments that American economists gave in support of minimum wage laws.

The Gilded Age and the Progressive Era

2012 ◽  
Author(s):  
Justin Crowe
Keyword(s):  
Supreme Court ◽  
Progressive Era ◽  
Gilded Age ◽  
Institution Building ◽  
Judicial Reform ◽  
Woodrow Wilson ◽  
Federal Judiciary ◽  
The Supreme Court ◽  
Two Stages ◽  
Circuit Courts

This chapter considers the restructuring of the federal judiciary during the period of Republican dominance from the inauguration of Rutherford B. Hayes in 1877 to the inauguration of Woodrow Wilson in 1913. It shows that Gilded Age and Progressive Era politicians pursued judicial reform that focused less on the extent of judicial power and more on the structural logic and internal consistency of the institutional judiciary more generally. The chapter discusses the two stages in which judicial institution building occurred during the period: first, the Gilded Age attempt to unburden the Supreme Court by appointing a new slate of judges to staff circuit courts (1877–1891); and second, the Progressive Era unification and synchronization of all laws concerning the judiciary in one statute (1892–1914). The role played by Republicans and Democrats in judicial institution building in the Gilded Age and Progressive Era is also examined.

Malpractice & Negligence: Cal. Supreme Court Clarifies Negligence Provisions under State’s Elder Abuse Act

1999 ◽  
Vol 27 (2) ◽  
pp. 203-203
Author(s):  
Kendra Carlson
Keyword(s):  
Health Care ◽  
Supreme Court ◽  
Health Care Providers ◽  
Elder Abuse ◽  
Skilled Nursing Facility ◽  
Pressure Sores ◽  
Care Providers ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
The Supreme Court

The Supreme Court of California held, in Delaney v. Baker, 82 Cal. Rptr. 2d 610 (1999), that the heightened remedies available under the Elder Abuse Act (Act), Cal. Welf. & Inst. Code, §§ 15657,15657.2 (West 1998), apply to health care providers who engage in reckless neglect of an elder adult. The court interpreted two sections of the Act: (1) section 15657, which provides for enhanced remedies for reckless neglect; and (2) section 15657.2, which limits recovery for actions based on “professional negligence.” The court held that reckless neglect is distinct from professional negligence and therefore the restrictions on remedies against health care providers for professional negligence are inapplicable.Kay Delaney sued Meadowood, a skilled nursing facility (SNF), after a resident, her mother, died. Evidence at trial indicated that Rose Wallien, the decedent, was left lying in her own urine and feces for extended periods of time and had stage I11 and IV pressure sores on her ankles, feet, and buttocks at the time of her death.

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