The Workplace Constitution from the New Deal to the New Right: Race, Labor, and Conservative Politics (Studies in Legal History)
By: Sophia Z. Lee (author)Paperback
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Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
Sophia Z. Lee is Assistant Professor of Law and History at the University of Pennsylvania Law School. Her work has appeared in the Virginia Law Review and Law and History Review. She earned her JD and her PhD in history from Yale University. Prior to joining the Penn Law faculty, she clerked for the Honorable Kimba M. Wood of the United States District Court for the Southern District of New York and served as a Samuel I. Golieb Fellow in Legal History at New York University School of Law. As a graduate student, she won awards and fellowships from the American Society for Legal History, the American Historical Association, and Yale Law School.
Introduction; Part I. Crafting the Workplace Constitutions in the New Deal 1930s and 1940s: 1. Liberals forge a workplace constitution in the courts; 2. Agencies discover the liberal workplace constitution; 3. Conservatives create a workplace constitution in the courts; Part II. Advancing the Workplace Constitutions in the Cold War 1950s: 4. Liberals test the workplace constitution in the courts; 5. Agencies consider the liberal workplace constitution; 6. Conservatives pursue the workplace constitution in the courts; Part III. Administering the Liberal Workplace Constitution in the Long 1960s: 7. Agencies recognize the liberal workplace constitution in the new frontier; 8. The liberal workplace constitution on the air and the wires; 9. The NLRB expands the liberal workplace constitution; Part IV. The Workplace Constitutions in the New Right 1970s and 1980s: 10. Conservatives reject the liberal workplace constitution; 11. Liberals rethink their workplace constitution; 12. Conservatives unite the workplace constitutions; 13. The conservative workplace constitution divides the New Right coalition; Epilogue.
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