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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

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

Historians of colonial British North America have largely relegated piracy to the marginalia of the broad historical narrative from settlement to revolution. However, piracy and unregulated privateering played a pivotal role in the development of every English community along the eastern seaboard from the Carolinas to New England. Although many pirates originated in the British North American colonies and represented a diverse social spectrum, they were not supported and protected in these port communities by some underclass or proto-proletariat but by the highest echelons of colonial society, especially by colonial governors, merchants, and even ministers. Sea marauding in its multiple forms helped shape the economic, legal, political, religious, and cultural worlds of colonial America. The illicit market that brought longed-for bullion, slaves, and luxury goods integrated British North American communities with the Caribbean, West Africa, and the Pacific and Indian Oceans throughout the 17th century. Attempts to curb the support of sea marauding at the turn of the 18th century exposed sometimes violent divisions between local merchant interests and royal officials currying favor back in England, leading to debates over the protection of English liberties across the Atlantic. When the North American colonies finally closed their ports to English pirates during the years following the Treaty of Utrecht (1713), it sparked a brief yet dramatic turn of events where English marauders preyed upon the shipping belonging to their former “nests.” During the 18th century, colonial communities began to actively support a more regulated form of privateering against agreed upon enemies that would become a hallmark of patriot maritime warfare during the American Revolution.

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.