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Only One Place of Redress: African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Constitutional Conflicts) Hardcover – January 18, 2001

ISBN-13: 978-0822325833 ISBN-10: 0822325837 Edition: First Edition
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Editorial Reviews

Review

Only One Place of Redress presents a bold reinterpretation of the relationship between governmental regulations of the marketplace and economic opportunity for blacks. Bernstein challenges the conventional wisdom and invites readers to reconsider breezy assumptions about how employment regulations operated.”—James W. Ely, Jr., author of The Guardian of Every Other Right: A Constitutional History of Property Rights


“A provocative revisionist overview of legislation regulating labor relations. This will undoubtedly receive a great deal of attention from historians and students of the Constitution, and for good reason.”—Mark Tushnet, author of Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961–1991

From the Publisher

“A provocative revisionist overview of legislation regulating labor relations. This will undoubtedly receive a great deal of attention from historians and students of the Constitution, and for good reason.”—Mark Tushnet, author of Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961–1991

“Only One Place of Redress presents a bold reinterpretation of the relationship between governmental regulations of the marketplace and economic opportunity for blacks. Bernstein challenges the conventional wisdom and invites readers to reconsider breezy assumptions about how employment regulations operated.”—James W. Ely, Jr., author of The Guardian of Every Other Right: A Constitutional History of Property Rights

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Product Details

  • Series: Constitutional Conflicts
  • Hardcover: 208 pages
  • Publisher: Duke University Press Books; First Edition edition (January 18, 2001)
  • Language: English
  • ISBN-10: 0822325837
  • ISBN-13: 978-0822325833
  • Product Dimensions: 1.2 x 6.2 x 9.2 inches
  • Shipping Weight: 1 pounds (View shipping rates and policies)
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #1,973,637 in Books (See Top 100 in Books)

More About the Author

David Bernstein was born and raised in Queens, N.Y. He attended Brandeis University, where he graduated summa cum laude, and where he was the first student in the university's history to write regular opinion columns for the school newspaper from a conservative or libertarian perspective. Not coincidentally, he also received his first (and only) death threats there. Bernstein then attended and Yale Law School, where he was a John M. Olin Fellow in Law, Economics, and Public Policy.

After several years practicing law, Bernstein joined the faculty of the George Mason University School of Law in Arlington, Virginia, where he has been teaching since 1995, and where he is currently the GMU Foundation professor.

Bernstein has written on a wide range of legal topics, including junk science in American courtrooms, affirmative action, conflicts between antidiscrimination laws and civil liberties, the legal response to Soviet spying in the U.S. after World War II, anti-Western and anti-Israeli ideology masquerading as international law, and more. He blogs for the Volokh Conspiracy at the Washington Post.

In the academic world, Bernstein is perhaps best know for his rewriting the standard history of the so-called Lochner era, the period of the early twentieth century when the Supreme Court tried (in vain) to keep government within constitutional boundaries as traditionally understood. Bernstein's books and articles on the subject suggest that "Lochner-era" Supreme Court decisions were subject to unfair and inaccurate caricature by generations of historians who read the decisions through the lens of modern Progressive ideology, rather than understanding them on their own terms in their historical context.

Bernstein's books include Rehabilitating Lochner: Defending Individual Rights against Progressive Reform; You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws; The New Wigmore: Expert Evidence (co-author); and Only One Place of Redress: African Americans, Labor Regulations and the Courts from Reconstruction to the New Deal.

His latest book, Lawless: The Obama Administration's Unprecedented Assault on the Constitution and the Rule of Law, will be published in Fall 2015 by Encounter.

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Most Helpful Customer Reviews

9 of 9 people found the following review helpful By The Independent Review on February 4, 2002
Format: Hardcover
The role of nonmarket discrimination in shaping the historical evolution of racial economic differences has long been a central issue in economic history and labor economics. In Only One Place of Redress, David E. Bernstein takes a fresh look at how labor regulations affected black economic status prior to the modern Civil Rights era. The overarching framework of the book is that of public-choice theory in the context of so-called Lochnerism. This term refers to Lochner v. New York, the famous 1905 U.S. Supreme Court decision that in a relative sense limited the ability of government to regulate contracts. The operative word here is relative because even during the Lochner era (1905-37) courts routinely did permit regulation that, according to Bernstein, significantly inhibited the ability of blacks to earn a living and to accumulate wealth. Because blacks were largely disenfranchised, their ability to use the political process to block government discrimination was circumscribed...
...Overall, Only One Place of Redress is a mixed bag. The book is well written and clearly argued, the footnotes are extensive, and Bernstein has an impressive, if somewhat selective, command of secondary sources. These sources are used primarily to buttress points that he is making, as a lawyer would in a brief; that is, Bernstein does not engage in much source criticism, nor (with some exceptions) does he assess sources that might support alternative points of view...
...Only One Place of Redress contains a wealth of useful information about specific types of nonmarket discrimination against African Americans and a wealth of useful references to court cases and to the secondary literature. Therefore, although Bernstein himself has not measured the impact of the labor regulations under his scrutiny, scholars who want to do so will have to read his book.
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Only One Place of Redress: African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Constitutional Conflicts)
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