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This chapter uses the historian’s method of micro-history to rethink the significance of the Supreme Court decision Muller v. Oregon (1908). Muller is typically considered a labor…
Abstract
This chapter uses the historian’s method of micro-history to rethink the significance of the Supreme Court decision Muller v. Oregon (1908). Muller is typically considered a labor law decision permitting the regulation of women’s work hours. However, this chapter argues that through particular attention to the specific context in which the labor dispute took place – the laundry industry in Portland, Oregon – the Muller decision and underlying conflict should be understood as not only about sex-based labor rights but also about how the labor of laundry specifically involved race-based discrimination. This chapter investigates the most important conflicts behind the Muller decision, namely the entangled histories of white laundresses’ labor and labor activism in Portland, as well as the labor of their competitors – Chinese laundrymen. In so doing, this chapter offers an intersectional reading of Muller that incorporates regulations on Chinese laundries and places the decision in conversation with a long line of anti-Chinese laundry legislation on the West Coast, including that at issue in Yick Wo v. Hopkins (1886).
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Supermaxes across the United States detain thousands in long-term solitary confinement, under conditions of extreme sensory deprivation. Almost every state built a supermax…
Abstract
Supermaxes across the United States detain thousands in long-term solitary confinement, under conditions of extreme sensory deprivation. Almost every state built a supermax between the late 1980s and the late 1990s. This chapter examines the role of federal prisoners’ rights litigation in the 1960s and 1970s in shaping the prisons, especially supermaxes, built in the 1980s and 1990s in the United States. This chapter uses a systematic analysis of federal court case law, as well as archival research and oral history interviews with key informants, including lawyers, experts, and correctional administrators, to explore the relationship between federal court litigation and prison building and designing. This chapter argues that federal conditions of confinement litigation in the 1960s and 1970s (1) had a direct role in shaping the supermax institutions built in the subsequent decades and (2) contributed to the resistance of these institutions to constitutional challenges. The history of litigation around supermaxes is an important and as-yet-unexplored aspect of the development of Eighth Amendment jurisprudence in the United States over the last half century.
Ross B. Emmett and Kenneth C. Wenzer
Our Dublin correspondent telegraphed last night:
Jane W. Gibson and Benjamin J. Gray
To illuminate the underlying logic of western Kansas farmers’ decisions to irrigate at unsustainable rates and the state’s regulatory policies and practices that enable depletion…
Abstract
Purpose
To illuminate the underlying logic of western Kansas farmers’ decisions to irrigate at unsustainable rates and the state’s regulatory policies and practices that enable depletion of the Ogallala aquifer.
Methodology/approach
Ethnographic interviewing of 39 western Kansas farmers, state water management personnel, and archival research.
Findings
Farmers occupy an ambiguous position as petty capitalists who focus attention on their own farms with seasonal planning horizons, and they hold a view of “good stewardship” that melds economic and noneconomic considerations, and that provides a rationale for unsustainable irrigation practices. The state resolves the contradiction between the finite groundwater resource and ideological commitments to economic growth by devolving responsibility for water management to groundwater users.
Research limitations/implications
While the small sample size is likely to be representative of the larger pool of irrigators, further research with other farmers representative of the region will be necessary to verify findings.
Social implications
Depletion of the Ogallala aquifer contributes to farm consolidation and community decline, and the ecological costs will leave future farmers and remaining communities without the benefits of groundwater. Western Kansas will likely have to revert to a system of dryland farming.
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