Law and Class in America: Trends Since the Cold War
In Law and Class in America, a group of leading legal scholars reflect on the state of the law from the end of the Cold War to the present, grappling with a central question posed to them by Paul D. Carrington and Trina Jones: have recent legal reforms exacerbated class differences in America? In a substantive introduction, Carrington and Jones assert that legal changes from the late-20th century onward have been increasingly elitist and unconcerned with the lives of poor people having little...
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In Law and Class in America, a group of leading legal scholars reflect on the state of the law from the end of the Cold War to the present, grappling with a central question posed to them by Paul D. Carrington and Trina Jones: have recent legal reforms exacerbated class differences in America? In a substantive introduction, Carrington and Jones assert that legal changes from the late-20th century onward have been increasingly elitist and unconcerned with the lives of poor people having little access to the legal system. Contributors use this position as a springboard to review developments in their own particular fields and to assess whether or not legal decisions and processes have contributed to a widening gap between privileged and unprivileged people in this country. From antitrust and bankruptcy to tax and election law, the essays in this unique volume invite readers to reflect thoughtfully on socio-economic justice in the new century, and suggest that a lack of progressive reform in all areas of law may herald a form of undiagnosed class dominance reminiscent of America's Gilded Age. Contributors: Margaret A. Berger, M. Gregg Bloche, David L. Callies, Paul D. Carrington, Paul Y. K. Castle, Lance Compa, James D. Cox, Paula A. Franzese, Marc Galanter, Julius G. Getman, Lawrence O. Gostin, Joel F. Handler, Trina Jones, Thomas E. Kauper, Sanford Levinson, John Linehan, Joseph D. McNamara, Burt Neuborne, Jeffrey O'Connell, Judith Resnik, Richard L. Schmalbeck, Danielle Sarah Seiden, Richard E. Speidel, Gerald Torres, David M. Trubek, Elizabeth Warren, and Lawrence A. Zelenak.
1Law made in skyboxes : an evolution in American law1Pt. IThe regress of courts, legislatures, and the bar2When (some) republican justices exhibited concern for the plight of the poor : an essay in historical retrieval213Money and American democracy374Contracting civil procedure605Skybox lawyering87Pt. IIConsequences : more for those in the skyboxes6Fair pay for chief executive officers997The antitrust "revolution" and small business : on "the turnpike to efficiencyville"1208Residential privilege : the advent of the guarded subdivision1439The declining progressivity of the federal income tax16310Class war and the estate tax : have the troops gone AWOL?191Pt. IIIAnd less for those in the cheap seats11Trade law, labor, and global inequality21712Law at the workplace : the decline of collective bargaining24413Consumers and the American contract system : a polemic26014Congress and the credit industry : more bad news for families27915The misfortunes of the family farm29516Health law and the broken promise of equity31017The elusive goal of equal educational opportunity33118The rise and fall (and rise again?) of accident law : a continuing saga34919Welfare reform and deform364Pt. IVThe hierarchy in criminal law20Evidence law to protect the civil defendant, but not the accused38521America's misguided war on drugs400
\ From the Publisher“This splendid collection of essays by leading legal scholars, on topics ranging from constitutional law to tax law and policy, draws on the best recent scholarship to illuminate how and why contemporary American law addresses—and fails to address—persistent problems caused by the maldistribution of wealth and income in the United States. Accessible to non-specialists, the essays are full of provocative insights and arguments.”\ -Mark Tushnet,Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center\ “A brilliant collection of essays—each one brisk and authoritative. Altogether they show that class—the increasingly unbridgeable gap between rich and poor—is the biggest challenge to our national and global dreams of freedom and equality. Not only does the volume avoid the unevenness that plagues most groups of essays, but they are uniformly lively and interesting.”\ -Barbara Allen Babcock,Judge John Crown Professor, Emerita, Stanford Law School\ “In this much-needed book, twenty-five specialists reveal how the growing gulf between Haves and Have-nots has distorted their fields of law—invariably to the advantage of the Haves. If you are concerned at the injustice of putting our lawmaking institutions up for sale to the highest bidders, this book is for you. If you are not concerned, where have you been?”\ -Kenneth L. Karst,David G. Price and Dallas P. Price Professor of Law Emeritus, University of California, Los Angeles\ \ \
