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Domestic work was, until 1940, the largest category of women’s paid labor. Despite the number of women who performed domestic labor for pay, the wages and working conditions were often poor. Workers labored long hours for low pay and were largely left out of state labor regulations. The association of domestic work with women’s traditional household labor, defined as a “labor of love” rather than as real work, and its centrality to southern slavery, have contributed to its low status. As a result, domestic work has long been structured by class, racial, and gendered hierarchies. Nevertheless, domestic workers have time and again done their best to resist these conditions. Although traditional collective bargaining techniques did not always translate to the domestic labor market, workers found various collective and individual methods to insist on higher wages and demand occupational respect, ranging from quitting to “pan-toting” to forming unions.

Article

Steve Rosswurm

The US Catholic Church was for most of its history—and, in many places, still is—a working-class church. The choice for worship by successive waves of immigrants, from the Irish to the Polish to the Mexican, the Church, once it had created an institutional presence, welcomed “these strangers in a strange land.” These immigrants play a major role in creating and sustaining parishes that served both as a soul-sustaining refuge and, in many cases, a way station to the outside world. James Cardinal Gibbons, having learned from the central role that Irish workers played in the Knights of Labor and protests against the excommunication of the radical New York priest, Edward McGlynn, persuaded the Vatican to take a relatively liberal stance toward the “social question” in the United States. Rerum Novarum, the 1891 papal encyclical, condemned socialism and competitive capitalism, but more significantly asserted the “natural” right of workers to form unions as well as to have a living wage. It was within this religious legitimation of unionism that Irish Catholics came to prominence in the American Federation of Labor, that Monsignor John A. Ryan created a US Catholic social justice intellectual tradition, and that US bishops adopted the 1919 Program for Social Reconstruction. The Catholic labor moment came when the Church, led by the National Catholic Welfare Conference’s Social Action Department, midwestern bishops, and labor priests, not only supported the Congress of Industrial Organizations (CIO), but consistently pushed the New Deal to implement the 1919 program. Philip Murray, the CIO’s Catholic president, led the expulsion of the Communist-led unions when the Communist Party, in the Wallace campaign, threatened both the country and everything the CIO had built. On the one hand, this Catholic labor moment dissolved in an overdetermined mixture of complacency, capitalist growth, and anti-Communism. On the other, a direct line can be traced from California’s labor priests to the Spanish Mission Band to Cesar Chavez and the formation of the United Farm Workers. It took time for the official Church to support the farm workers, but once that happened, it was all in: the support the Church, at all levels, gave them far exceeded anything it had done previously to implement Rerum Novarum.

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.