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Article

On August 4, 1942, the Mexican and US governments launched the binational guest worker program most commonly known as the Bracero Program. An estimated 5 million Mexican men between the ages of nineteen and forty-five separated from their families for three to nine-month cycles at a time, depending on the duration of their labor contract, in anticipation of earning the prevailing US wage this program had promised them. They labored in US agriculture, railroad construction, and forestry with hardly any employment protections or rights in place to support themselves or the families they had left behind in Mexico. The inhumane configuration and implementation of this program prevented most of these men and their families from meeting this goal. Instead, the labor exploitation and alienation that characterized this guest worker program and their program participation paved the way for fragile transnational family relationships. The Bracero Program grew over the course of its twenty-two-year existence, and despite its negative consequences, Mexican men and their families could not afford to settle for unemployment in Mexico nor pass up US employment opportunities of any sort. The Mexican and US governments’ persistently negligent management of the program coupled with their conveniently selective acknowledgment of the severity of the plight of Mexican women and men consistently required Mexican men and their families to shoulder the full extent of the program’s exploitative conditions and terms.

Article

The NAACP, established in 1909, was formed as an integrated organization to confront racism in the United States rather than seeing the issue as simply a southern problem. It is the longest running civil rights organization and continues to operate today. The original name of the organization was The National Negro League, but this was changed to the NAACP on May 30, 1910. Organized to promote racial equality and integration, the NAACP pursued this goal via legal cases, political lobbying, and public campaigns. Early campaigns involved lobbying for national anti-lynching legislation, pursuing through the US Supreme Court desegregation in areas such as housing and higher education, and the pursuit of voting rights. The NAACP is renowned for the US Supreme Court case of Brown v. Board of Education (1954) that desegregated primary and secondary schools and is seen as a catalyst for the civil rights movement (1955–1968). It also advocated public education by promoting African American achievements in education and the arts to counteract racial stereotypes. The organization published a monthly journal, The Crisis, and promoted African American art forms and culture as another means to advance equality. NAACP branches were established all across the United States and became a network of information, campaigning, and finance that underpinned activism. Youth groups and university branches mobilized younger members of the community. Women were also invaluable to the NAACP in local, regional, and national decision-making processes and campaigning. The organization sought to integrate African Americans and other minorities into the American social, political, and economic model as codified by the US Constitution.

Article

Ivón Padilla-Rodríguez

Child migration has garnered widespread media coverage in the 21st century, becoming a central topic of national political discourse and immigration policymaking. Contemporary surges of child migrants are part of a much longer history of migration to the United States. In the first half of the 20th century, millions of European and Asian child migrants passed through immigration inspection stations in the New York harbor and San Francisco Bay. Even though some accompanied and unaccompanied European child migrants experienced detention at Ellis Island, most were processed and admitted into the United States fairly quickly in the early 20th century. Few of the European child migrants were deported from Ellis Island. Predominantly accompanied Chinese and Japanese child migrants, however, like Latin American and Caribbean migrants in recent years, were more frequently subjected to family separation, abuse, detention, and deportation at Angel Island. Once inside the United States, both European and Asian children struggled to overcome poverty, labor exploitation, educational inequity, the attitudes of hostile officials, and public health problems. After World War II, Korean refugee “orphans” came to the United States under the Refugee Relief Act of 1953 and the Immigration and Nationality Act. European, Cuban, and Indochinese refugee children were admitted into the United States through a series of ad hoc programs and temporary legislation until the 1980 Refugee Act created a permanent mechanism for the admission of refugee and unaccompanied children. Exclusionary immigration laws, the hardening of US international boundaries, and the United States preference for refugees who fled Communist regimes made unlawful entry the only option for thousands of accompanied and unaccompanied Mexican, Central American, and Haitian children in the second half of the 20th century. Black and brown migrant and asylum-seeking children were forced to endure educational deprivation, labor trafficking, mandatory detention, deportation, and deadly abuse by US authorities and employers at US borders and inside the country.

Article

The 1969 Supreme Court ruling in Tinker v. Des Moines established that students in public elementary and secondary schools do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Before Tinker, students often faced punishment from school officials for their role in protests both on and off campus. A rise in civil rights protests and the role of young people in the social movements of the 1960s led to frequent conflicts between students and school administrators. Many black students were especially vocal in contesting racial discrimination at school in the two decades following the 1954Brown v. Board of Education decision. But before Tinker, students in public elementary and secondary schools were not considered to have any constitutional rights, including the right to free expression. Some of these students brought lawsuits in response to punishments they believed unfairly disciplined them for participating in legitimate protests. The political activism of young people and developments in First Amendment law eventually brought the Constitution into the public school classroom, leading to Tinker and other cases that established students’ rights.

Article

Clodagh Harrington

The Clinton scandals have settled in the annals of American political history in the context of the era’s recurrent presidential misbehavior. Viewed through a historical lens, the activities, investigation, and impeachment trial of the forty-second president are almost inevitably measured against the weight of Watergate and Iran-Contra. As a result, the actions and consequences of this high-profile moment in the late-20th-century political history of the United States arguably took on a weightier meaning than it might otherwise have. If Watergate tested the U.S. constitutional system to its limits and Iran-Contra was arguably as grave, the Clinton affair was crisis-light by comparison. Originating with an investigation into a failed 1970s Arkansas land deal by Bill Clinton and his wife, the saga developed to include such meandering subplots as Filegate, Travelgate, Troopergate, the death of White House counsel Vince Foster, and, most infamously, the president’s affair with a White House intern. Unlike Richard Nixon and Ronald Reagan, even Bill Clinton’s most ardent critics could not find a national security threat among the myriad scandals linked to his name. By the time that Justice Department appointee Robert Fiske was replaced as prosecutor by the infinitely more zealous Kenneth Starr, the case had become synonymous with the culture wars that permeated 1990s American society. As the Whitewater and related tentacles of the investigation failed to result in any meaningfully negative impact on the president, it was his marital infidelities that came closest to unseating him. Pursued with vigor by the Independent Counsel, his supporters remained loyal as his detractors spotted political opportunity via his lapses in judgment. Certain key factors made the Clinton scandal particular to its era. First, in an unprecedented development, the personal indiscretion aspect of the story broke via the Internet. In addition, had the Independent Counsel legislation not been renewed, prosecutor Fiske would likely have wrapped up his investigation in a timely fashion with no intention of pursuing an impeachment path. And, the relentless cable news cycle and increasingly febrile partisan atmosphere of the decade ensured that the nation remained as focused as it was divided on the topic.

Article

Michael K. Rosenow

In the broader field of thanatology, scholars investigate rituals of dying, attitudes toward death, evolving trajectories of life expectancy, and more. Applying a lens of social class means studying similar themes but focusing on the men, women, and children who worked for wages in the United States. Working people were more likely to die from workplace accidents, occupational diseases, or episodes of work-related violence. In most periods of American history, it was more dangerous to be a wage worker than it was to be a soldier. Battlegrounds were not just the shop floor but also the terrain of labor relations. American labor history has been filled with violent encounters between workers asserting their views of economic justice and employers defending their private property rights. These clashes frequently turned deadly. Labor unions and working-class communities extended an ethos of mutualism and solidarity from the union halls and picket lines to memorial services and gravesites. They lauded martyrs to movements for human dignity and erected monuments to honor the fallen. Aspects of ethnicity, race, and gender added layers of meaning that intersected with and refracted through individuals’ economic positions. Workers’ encounters with death and the way they made sense of loss and sacrifice in some ways overlapped with Americans from other social classes in terms of religious custom, ritual practice, and material consumption. Their experiences were not entirely unique but diverged in significant ways.

Article

Legal aid organizations were first created by a variety of private groups during the Civil War to provide legal advice in civil cases to the poor. The growing need for legal aid was deeply connected to industrialization, urbanization, and immigration. A variety of groups created legal aid organizations in response to labor unrest, the increasing number of women in the workforce, the founding of women’s clubs, and the slow and incomplete professionalization of the legal bar. In fact, before women could practice law, or were accepted into the legal profession, a variety of middle-class women’s groups using lay lawyers provided legal aid to poor women. Yet, this rich story of women’s work was later suppressed by leaders of the bar attempting to claim credit for legal aid, assert a monopoly over the practice of law, and professionalize legal assistance. Across time, the largest number of claims brought to legal aid providers involved workers trying to collect wages, domestic relations cases, and landlord tenant issues. Until the 1960s, legal aid organizations were largely financed through private donations and philanthropic organizations. After the 1960s, the federal government provided funding to support legal aid, creating significant controversy among lawyers, legal aid providers, and activists as to what types of cases legal aid organizations could take, what services could be provided, and who was eligible. Unlike in many other countries or in criminal cases, in the United States there is no constitutional right to have free counsel in civil cases. This leaves many poor and working-class people without legal advice or access to justice. Organizations providing free civil legal services to the poor are ubiquitous across the United States. They are so much part of the modern legal landscape that it is surprising that little historical scholarship exists on such organizations. Yet the history of organized legal aid, which began during the Civil War, is a rich story that brings into view a unique range of historical actors including women’s organizations, lawyers, social workers, community organizations, the state and federal government, and the millions of poor clients who over the last century and a half have sought legal assistance. This history of the development of legal aid is also very much a story about gender, race, professionalization, the development of the welfare state, and ultimately its slow dismantlement. In other words, the history of legal aid provides a window into the larger history of the United States while producing its own series of historical tensions, ironies, and contradictions. Although this narrative demonstrates change over time and various ruptures with the past, there are also important continuities in the history of free legal aid. Deceptively simple questions have plagued legal aid for almost a century and have also driven much of the historical scholarship on legal aid. These include: who should provide legal aid services, who should receive free legal aid, what types of cases should legal aid organizations handle, who should fund legal aid, and who benefits from legal aid.

Article

Sam Lebovic

According to the First Amendment of the US Constitution, Congress is barred from abridging the freedom of the press (“Congress shall make no law . . . abridging the freedom of speech, or of the press”). In practice, the history of press freedom is far more complicated than this simple constitutional right suggests. Over time, the meaning of the First Amendment has changed greatly. The Supreme Court largely ignored the First Amendment until the 20th century, leaving the scope of press freedom to state courts and legislatures. Since World War I, jurisprudence has greatly expanded the types of publication protected from government interference. The press now has broad rights to publish criticism of public officials, salacious material, private information, national security secrets, and much else. To understand the shifting history of press freedom, however, it is important to understand not only the expansion of formal constitutional rights but also how those rights have been shaped by such factors as economic transformations in the newspaper industry, the evolution of professional standards in the press, and the broader political and cultural relations between politicians and the press.

Article

Throughout American history, gender, meaning notions of essential differences between women and men, has shaped how Americans have defined and engaged in productive activity. Work has been a key site where gendered inequalities have been produced, but work has also been a crucible for rights claims that have challenged those inequalities. Federal and state governments long played a central role in generating and upholding gendered policy. Workers and advocates have debated whether to advance laboring women’s cause by demanding equality with men or different treatment that accounted for women’s distinct responsibilities and disadvantages. Beginning in the colonial period, constructions of dependence and independence derived from the heterosexual nuclear family underscored a gendered division of labor that assigned distinct tasks to the sexes, albeit varied by race and class. In the 19th century, gendered expectations shaped all workers’ experiences of the Industrial Revolution, slavery and its abolition, and the ideology of free labor. Early 20th-century reform movements sought to beat back the excesses of industrial capitalism by defining the sexes against each other, demanding protective labor laws for white women while framing work done by women of color and men as properly unregulated. Policymakers reinforced this framework in the 1930s as they built a welfare state that was rooted in gendered and racialized constructions of citizenship. In the second half of the 20th century, labor rights claims that reasoned from the sexes’ distinctiveness increasingly gave way to assertions of sex equality, even as the meaning of that equality was contested. As the sex equality paradigm triumphed in the late 20th and early 21st centuries, seismic economic shifts and a conservative business climate narrowed the potential of sex equality laws to deliver substantive changes to workers.

Article

In its formulation of foreign policy, the United States takes account of many priorities and factors, including national security concerns, economic interests, and alliance relationships. An additional factor with significance that has risen and fallen over time is human rights, or more specifically violations of human rights. The extent to which the United States should consider such abuses or seek to moderate them has been and continues to be the subject of considerable debate.

Article

Laurie Arnold

Indian gaming, also called Native American casino gaming or tribal gaming, is tribal government gaming. It is government gaming built on sovereignty and consequently is a corollary to state gambling such as lotteries rather than a corollary to corporate gaming. While the types of games offered in casinos might differ in format from ancestral indigenous games, gaming itself is a cultural tradition in many tribes, including those who operate casino gambling. Native American casino gaming is a $33.7 billion industry operated by nearly 250 distinct tribes in twenty-nine states in the United States. The Indian Gaming Regulatory Act (IGRA) of 1988 provides the framework for tribal gaming and the most important case law in Indian gaming remains Seminole Tribe of Florida v. Butterworth, in the US Fifth Circuit Court of Appeals, and the US Supreme Court decision over California v. Cabazon Band of Mission Indians.

Article

Benjamin C. Waterhouse

Political lobbying has always played a key role in American governance, but the concept of paid influence peddling has been marked by a persistent tension throughout the country’s history. On the one hand, lobbying represents a democratic process by which citizens maintain open access to government. On the other, the outsized clout of certain groups engenders corruption and perpetuates inequality. The practice of lobbying itself has reflected broader social, political, and economic changes, particularly in the scope of state power and the scale of business organization. During the Gilded Age, associational activity flourished and lobbying became increasingly the province of organized trade associations. By the early 20th century, a wide range at political reforms worked to counter the political influence of corporations. Even after the Great Depression and New Deal recast the administrative and regulatory role of the federal government, business associations remained the primary vehicle through which corporations and their designated lobbyists influenced government policy. By the 1970s, corporate lobbyists had become more effective and better organized, and trade associations spurred a broad-based political mobilization of business. Business lobbying expanded in the latter decades of the 20th century; while the number of companies with a lobbying presence leveled off in the 1980s and 1990s, the number of lobbyists per company increased steadily and corporate lobbyists grew increasingly professionalized. A series of high-profile political scandals involving lobbyists in 2005 and 2006 sparked another effort at regulation. Yet despite popular disapproval of lobbying and distaste for politicians, efforts to substantially curtail the activities of lobbyists and trade associations did not achieve significant success.

Article

Christopher W. Schmidt

One of the most significant protest campaigns of the civil rights era, the lunch counter sit-in movement began on February 1, 1960 when four young African American men sat down at the whites-only lunch counter of the Woolworth store in Greensboro, North Carolina. Refused service, the four college students sat quietly until the store closed. They continued their protest on the following days, each day joined by more fellow students. Students in other southern cities learned what was happening and started their own demonstrations, and in just weeks, lunch counter sit-ins were taking place across the South. By the end of the spring, tens of thousands of black college and high school students, joined in some cases by sympathetic white students, had joined the sit-in movement. Several thousand went to jail for their efforts after being arrested on charges of trespass, disorderly conduct, or whatever other laws southern police officers believed they could use against the protesters. The sit-ins arrived at a critical juncture in the modern black freedom struggle. The preceding years had brought major breakthroughs, such as the Supreme Court’s Brown v. Board of Education school desegregation ruling in 1954 and the successful Montgomery bus boycott of 1955–1956, but by 1960, activists were struggling to develop next steps. The sit-in movement energized and transformed the struggle for racial equality, moving the leading edge of the movement from the courtrooms and legislative halls to the streets and putting a new, younger generation of activists on the front lines. It gave birth to the Student Nonviolent Coordinating Committee, one of the most important activist groups of the 1960s. It directed the nation’s attention to the problem of racial discrimination in private businesses that served the public, pressured business owners in scores of southern cities to open their lunch counters to African American customers, and set in motion a chain of events that would culminate in the Civil Rights Act of 1964, which banned racial discrimination in public accommodations across the nation.

Article

K. Tsianina Lomawaima

In 1911, a group of American Indian intellectuals organized what would become known as the Society of American Indians, or SAI. SAI members convened in annual meetings between 1911 and 1923, and for much of that period the Society’s executive offices were a hub for political advocacy, lobbying Congress and the Office of Indian Affairs (OIA), publishing a journal, offering legal assistance to Native individuals and tribes, and maintaining an impressively voluminous correspondence across the country with American Indians, “Friends of the Indian” reformers, political allies, and staunch critics. Notable Native activists, clergy, entertainers, professionals, speakers, and writers—as well as Native representatives from on- and off-reservation communities—were active in the Society. They worked tirelessly to meet daunting, unrealistic expectations, principally to deliver a unified voice of Indian “public opinion” and to pursue controversial political goals without appearing too radical, especially obtaining U.S. citizenship for Indian individuals and allowing Indian nations to access the U.S. Court of Claims. They maintained their myriad activities with scant financial resources solely through the unpaid labor of dedicated Native volunteers. By 1923, the challenges exhausted the Society’s substantial human and miniscule financial capital. The Native “soul of unity” demanded by non-white spectators and hoped for by SAI leaders could no longer hold the center, and the SAI dissolved. Their work was not in vain, but citizenship and the ability to file claims materialized in circumscribed forms. In 1924 Congress passed the Indian Citizenship Act, granting birthright citizenship to American Indians, but citizenship for Indians was deemed compatible with continued wardship status. In 1946 Congress established an Indian Claims Commission, not a court, and successful claims could only result in monetary compensation, not regained lands.

Article

The key pieces of antitrust legislation in the United States—the Sherman Antitrust Act of 1890 and the Clayton Act of 1914—contain broad language that has afforded the courts wide latitude in interpreting and enforcing the law. This article chronicles the judiciary’s shifting interpretations of antitrust law and policy over the past 125 years. It argues that jurists, law enforcement agencies, and private litigants have revised their approaches to antitrust to accommodate economic shocks, technological developments, and predominant economic wisdom. Over time an economic logic that prioritizes lowest consumer prices as a signal of allocative efficiency—known as the consumer welfare standard—has replaced the older political objectives of antitrust, such as protecting independent proprietors or small businesses, or reducing wealth transfers from consumers to producers. However, a new group of progressive activists has again called for revamping antitrust so as to revive enforcement against dominant firms, especially in digital markets, and to refocus attention on the political effects of antitrust law and policy. This shift suggests that antitrust may remain a contested field for scholarly and popular debate.