Only One Place of Redress: African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Constitutional Conflicts) First Edition Edition

by David E. Bernstein (Author)

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ISBN-13: 978-0822325833

ISBN-10: 0822325837

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In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks.
A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the Lochner era—with its emphasis on freedom of contract and private market ordering—actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism—and the triumph of the regulatory state—not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day.
Scholars and students interested in race relations, labor law, and legal
or constitutional history will be fascinated by Bernstein’s daring—and controversial—argument.

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Editorial Reviews

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“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, 19611991

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: 6.2 x 1.2 x 9.2 inches
Shipping Weight: 1 pounds (View shipping rates and policies)
Average Customer Review: 2 customer reviews
Amazon Best Sellers Rank: #2,671,127 in Books (See Top 100 in Books)
- #862 in Books > Law > Specialties > Labor Law
- #871 in Books > Law > Business > Labor & Employment
- #2057 in Books > Textbooks > Law > Constitutional Law

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easy to read

January 3, 2017

Format: HardcoverVerified Purchase

This book is eye opening, well written, easy to read, and intellectually invigorating. I'm a regular Volokh Conspiracy/Washington Post reader and was looking for something to read involving judicial history or the history of the constitution. Rather than a long slog through the history of supreme court jurisprudence, or the evolution of the executive branch, I settled on Bernstein's book. The book, through its brief history of post-reconstruction labor laws and labor movements, explains everything wrong with our overly-legislated, at times oppressive, world of law-making and jurisprudence. As a practicing attorney, the book was a nice release. It gives you the forest and the trees of how labor laws effect your life and our country/economy. My father would frequently forward me Bernstein's entries from the Volokh Conspiracy to read when I was in law school and I did not expect Bernstein of all people to deliver one of the most illuminating histories of how unions, labor legislation and prosecutorial overreaching are the root causes of our nation's economic and racial repression. This is quite a book and worth passing on to my friends of any political stripe.

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The Independent Review

The Book is Well Written and Clearly Argued...

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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