Recalibrating Reform: The Limits of Political Change

Author: Stuart Chinn
Publisher: Cambridge University Press
ISBN: 9781107667389
Published In: September 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Some of the most important eras of reform in US history reveal a troubling pattern: often reform is compromised after the initial legislative and judicial victories have been achieved.

Thus Jim Crow racial exclusions followed Reconstruction; employer prerogatives resurged after the passage of the Wagner Act in 1935; and after the civil rights reforms of the mid-twentieth century, principles of color-blindness remain dominant in key areas of constitutional law that allow structural racial inequalities to remain hidden or unaddressed.

When momentous reforms occur, certain institutions and legal rights will survive the disruption and remain intact, just in different forms. Thus governance in the post-reform period reflects a systematic recalibration or reshaping of the earlier reforms as a result of the continuing influence and power of such resilient institutions and rights.

Recalibrating Reform examines this issue and demonstrates the pivotal role of the Supreme Court in post-reform recalibration.

Part I. Introduction:

Introduction. Reconstructing governance

1. The theory and political processes of recalibration

2. The Supreme Court and transformative recalibration

Part II. Legal Reform and its Delimitation:

3. Emancipation, the reconstruction era, and delimitation

4. Labor rights, the new deal era, and delimitation

5. Constitutional equal protection, the civil rights era, and delimitation

6. Explaining judicial delimiting behavior

Part III. The Construction and Maintenance of Governance:

7. The entrenchment and maintenance of the Jim Crow order

8. The entrenchment and maintenance of industrial pluralism