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

4.0 out of 5 stars 1 customer review
ISBN-13: 978-0822325833
ISBN-10: 0822325837
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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: 6.1 x 0.8 x 9.3 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: #985,713 in Books (See Top 100 in Books)

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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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