The Crucible of Public Policy: New York Courts in the Progressive Era
Relates the dramatic role of New York courts in shaping public policy on key reform legislation in the progressive era
Gespeichert in:
| 1. Verfasser: | |
|---|---|
| Format: | Elektronisch E-Book |
| Sprache: | English |
| Veröffentlicht: |
Albany
State University of New York Press
2022
|
| Ausgabe: | 1st ed |
| Schriftenreihe: | Excelsior Editions Series
|
| Online-Zugang: | DE-2070s |
| Zusammenfassung: | Relates the dramatic role of New York courts in shaping public policy on key reform legislation in the progressive era |
| Beschreibung: | Description based on publisher supplied metadata and other sources |
| Beschreibung: | 1 Online-Ressource (316 Seiten) |
| ISBN: | 9781438488592 |
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| 100 | 1 | |a Dearstyne, Bruce W. |e Verfasser |4 aut | |
| 245 | 1 | 0 | |a The Crucible of Public Policy |b New York Courts in the Progressive Era |
| 250 | |a 1st ed | ||
| 264 | 1 | |a Albany |b State University of New York Press |c 2022 | |
| 264 | 4 | |c ©2022 | |
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| 505 | 8 | |a Intro -- Contents -- Acknowledgments -- Introduction -- Chapter 1 Monitoring the Expansive State -- Court of Appeals as Rudder, Arbiter, and Buffer -- New Ideas for a New Century -- The Court's Middle Course for a New Century -- Judges Explain and Defend the Courts -- Judges Need to be Independent -- Courts do not Reach out for Power -- Courts Just Follow the Constitution -- Courts are Bound by Tradition but Open to New Ideas -- Courts Protect Individual Liberty -- The Court of Appeals Is Actually Progressive -- There are Too Many Defective Laws -- Judges Advance Justice Through Common Law -- Chapter 2 The Right to Privacy -- Technology and Media Outdistance the Law -- The Courts' Ambivalence -- Retrofitting the Law -- Two New York Courts Say Yes to the Right to Privacy -- Marshaling the Arguments for the Court of Appeals -- The Chief Judge Says no to the Right to Privacy -- Warren and Brandeis Originated the Concept of Right to Privacy -- The Concept of Right to Privacy Has no Precedent in Law or Court Decisions -- Hurting Someone's Feelings is not a Crime -- Supporting Abigail Roberson's Claim Would Open the Floodgates to Privacy Litigation -- This Is Beyond the Courts' Authority -- it is Up to the Legislature -- Dissenting Judges Assert the Right to Privacy -- Previous Court Decisions Implicitly Recognize the Right to Privacy -- This is An Assault on Abigail Roberson, not Just Hurt Feelings -- The Law Needs to Catch Up With Social Changes -- Unauthorized Use of a Photograph is Harmful -- A Rare Response to Public Criticism -- The Limits of the Law -- Privacy and Politics -- Chapter 3 The Case That Helped Change Constitutional History and Launch a Quest for the Presidency -- New York's Entry into Regulating Business -- Marshaling the Legal Arguments -- The Chief Judge as a Judicial Statesman -- The Majority of the Court Endorses the Law | |
| 505 | 8 | |a The Fourteenth Amendment and a Comparable Clause in the New York State Constitution Were Not Intended to Infringe the State's Po -- Changing Conditions Warrant Changing Regulations -- Courts Should not Second-guess the Legislature -- The Public Interest is Served by Sanitary Bakeries -- Regulating Working Hours Is Tied to Public Health Concerns -- Three Judges Say No -- New Yorkers Square off in Washington -- Parker Versus Peckham for More than a Century -- The Public Interest is Served by the Regulation at Issue -- The Fourteenth Amendment does not Prohibit Reasonable Regulation -- The Debate Goes on -- Chapter 4 The Chief Judge Runs for President -- The Politically Astute Chief Judge -- Judicial Statesman -- The Convention's Choice -- Endorsing Sound Monetary Policy -- A Modest Campaign Kickoff -- Low-profile Campaign -- Controversy at the End of the Campaign -- Voters Endorse the President and Reject the Judge -- Alton Parker as Senior Statesman -- Chapter 5 Public Health and Individual Rights -- Medical Breakthrough and Public Policy -- Taking the School to Court -- After a Decade, A Major Court Challenge to State Law -- The Court's Decision: Vaccination Requirement is Valid -- The Requirements are Clearly Within the State's Police Power -- The Requirements are Reasonable for Schools -- There is a "common Belief" in the Vaccine's Effectiveness -- The Limits of a "common Belief" -- Back to the Legislature -- State's Responsibility Evolves -- Chapter 6 The Insanity Defense on Trial -- Show Trial and Public Spectacle -- Round 1: Hung Jury -- Round 2: Temporary(?) Insanity -- Round 3: Confinement, Appeals, Escape -- Round 4: Freedom -- The Insanity Defense on Trial -- Chapter 7 The Debut of the Administrative State -- The Need for a New Approach to Regulation -- The Powerful New Commission Charts a Cautious Path | |
| 505 | 8 | |a The Supreme Court Appellate Division Endorses the Law -- The Company's Appeal: Delegation of Rate Setting to a Commission is Unconstitutional and Dangerous -- Village, Attorney General, and Public Service Commission: This Law is Constitutional -- Court of Appeals: The Legislature's Delegation of Authority is Constitutional -- A Foothold for the Administrative State -- Chapter 8 The Administrative State in Action -- Taking State Regulation to a Higher Level -- Benign Regulators -- A Smooth Path in Court -- Courts Have Power To Review Commission Orders -- Courts Shunt Decisions To The Commission -- Courts Defer To The Commission -- Courts Support The Commission -- Courts Limit The Commission -- The Commission Uses The Courts As A Buffer -- The Administrative State Endures -- Chapter 9 State Protection Denied for Women Workers -- Benevolent Protection or Intrusive Paternalism? -- Energetic Enforcement -- Constitutional Challenge -- Trial Court: The Night-work Ban is Unconstitutional -- The Supreme Court Appellate Division: The Night-work Ban is Unconstitutional -- The State's Case: This Law Appropriately Protects Women -- The Defendant's Case: This Law Violates Women's Rights -- The Court of Appeals: Women are Not "wards of the State" -- Pondering the Decision -- Chapter 10 State Protection Affirmed for Women Workers -- Launching a Test Case -- Documenting the Case Against Night Work -- Appealing for Public Support -- Appellate Division: The Night-work Ban is Justified -- The Defendant's Case: Women have a Right to Work in Factories at Night -- The State's Case: New York Must Protect Women -- A Flood of Legal Briefs -- The Court of Appeals Upholds the Law -- Chapter 11 Workers' Compensation Denied -- Workplace Accidents Take a Toll -- A State Commission Recommends a Bold New Departure -- A Bold New State Policy | |
| 505 | 8 | |a Injured Worker Earl Ives: The Law is Constitutional -- Liability Law's Champions: The Law is Constitutional -- South Buffalo Railway: The Law is Unconstitutional -- Court's Ruling: The Law is "plainly Revolutionary" and Unconstitutional -- The Law is Revolutionary -- The Law is the Result of Careful, Detailed Study and Addresses a Recognized Social Need -- But Under Our Constitutional System, Massive Evidence and Public Opinion are not Enough -- Some Provisions of the Law are Clearly within Legislative Authority -- Fatal Objection #1: Violation of Due Process -- Fatal Objection #2: The Slippery Slope -- Fatal Objection #3: The Law Exceeds the State's Police Power -- Chapter 12 Workers' Compensation Affirmed -- Changing the State Constitution to Support Reform -- Politics and Workers' Compensation -- A Powerful State Program -- Court Of Appeals, 1915: The Workmen's Compensation Law is "fundamentally Fair" and Constitutional -- Us Supreme Court, 1917: The New York Workmen's Compensation Law is "a Just Settlement of a Difficult Problem" and Constitutional -- Conclusion -- New York Courts "reasonably Successful and Satisfactory" -- Notes -- Selected Bibliography -- Index -- About the Author | |
| 520 | |a Relates the dramatic role of New York courts in shaping public policy on key reform legislation in the progressive era | ||
| 776 | 0 | 8 | |i Erscheint auch als |n Druck-Ausgabe |a Dearstyne, Bruce W. |t The Crucible of Public Policy |d Albany : State University of New York Press,c2022 |z 9781438488578 |
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Datensatz im Suchindex
| _version_ | 1810687471141257216 |
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| adam_text | |
| any_adam_object | |
| author | Dearstyne, Bruce W. |
| author_facet | Dearstyne, Bruce W. |
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| author_variant | b w d bw bwd |
| building | Verbundindex |
| bvnumber | BV049876053 |
| collection | ZDB-30-PQE |
| contents | Intro -- Contents -- Acknowledgments -- Introduction -- Chapter 1 Monitoring the Expansive State -- Court of Appeals as Rudder, Arbiter, and Buffer -- New Ideas for a New Century -- The Court's Middle Course for a New Century -- Judges Explain and Defend the Courts -- Judges Need to be Independent -- Courts do not Reach out for Power -- Courts Just Follow the Constitution -- Courts are Bound by Tradition but Open to New Ideas -- Courts Protect Individual Liberty -- The Court of Appeals Is Actually Progressive -- There are Too Many Defective Laws -- Judges Advance Justice Through Common Law -- Chapter 2 The Right to Privacy -- Technology and Media Outdistance the Law -- The Courts' Ambivalence -- Retrofitting the Law -- Two New York Courts Say Yes to the Right to Privacy -- Marshaling the Arguments for the Court of Appeals -- The Chief Judge Says no to the Right to Privacy -- Warren and Brandeis Originated the Concept of Right to Privacy -- The Concept of Right to Privacy Has no Precedent in Law or Court Decisions -- Hurting Someone's Feelings is not a Crime -- Supporting Abigail Roberson's Claim Would Open the Floodgates to Privacy Litigation -- This Is Beyond the Courts' Authority -- it is Up to the Legislature -- Dissenting Judges Assert the Right to Privacy -- Previous Court Decisions Implicitly Recognize the Right to Privacy -- This is An Assault on Abigail Roberson, not Just Hurt Feelings -- The Law Needs to Catch Up With Social Changes -- Unauthorized Use of a Photograph is Harmful -- A Rare Response to Public Criticism -- The Limits of the Law -- Privacy and Politics -- Chapter 3 The Case That Helped Change Constitutional History and Launch a Quest for the Presidency -- New York's Entry into Regulating Business -- Marshaling the Legal Arguments -- The Chief Judge as a Judicial Statesman -- The Majority of the Court Endorses the Law The Fourteenth Amendment and a Comparable Clause in the New York State Constitution Were Not Intended to Infringe the State's Po -- Changing Conditions Warrant Changing Regulations -- Courts Should not Second-guess the Legislature -- The Public Interest is Served by Sanitary Bakeries -- Regulating Working Hours Is Tied to Public Health Concerns -- Three Judges Say No -- New Yorkers Square off in Washington -- Parker Versus Peckham for More than a Century -- The Public Interest is Served by the Regulation at Issue -- The Fourteenth Amendment does not Prohibit Reasonable Regulation -- The Debate Goes on -- Chapter 4 The Chief Judge Runs for President -- The Politically Astute Chief Judge -- Judicial Statesman -- The Convention's Choice -- Endorsing Sound Monetary Policy -- A Modest Campaign Kickoff -- Low-profile Campaign -- Controversy at the End of the Campaign -- Voters Endorse the President and Reject the Judge -- Alton Parker as Senior Statesman -- Chapter 5 Public Health and Individual Rights -- Medical Breakthrough and Public Policy -- Taking the School to Court -- After a Decade, A Major Court Challenge to State Law -- The Court's Decision: Vaccination Requirement is Valid -- The Requirements are Clearly Within the State's Police Power -- The Requirements are Reasonable for Schools -- There is a "common Belief" in the Vaccine's Effectiveness -- The Limits of a "common Belief" -- Back to the Legislature -- State's Responsibility Evolves -- Chapter 6 The Insanity Defense on Trial -- Show Trial and Public Spectacle -- Round 1: Hung Jury -- Round 2: Temporary(?) Insanity -- Round 3: Confinement, Appeals, Escape -- Round 4: Freedom -- The Insanity Defense on Trial -- Chapter 7 The Debut of the Administrative State -- The Need for a New Approach to Regulation -- The Powerful New Commission Charts a Cautious Path The Supreme Court Appellate Division Endorses the Law -- The Company's Appeal: Delegation of Rate Setting to a Commission is Unconstitutional and Dangerous -- Village, Attorney General, and Public Service Commission: This Law is Constitutional -- Court of Appeals: The Legislature's Delegation of Authority is Constitutional -- A Foothold for the Administrative State -- Chapter 8 The Administrative State in Action -- Taking State Regulation to a Higher Level -- Benign Regulators -- A Smooth Path in Court -- Courts Have Power To Review Commission Orders -- Courts Shunt Decisions To The Commission -- Courts Defer To The Commission -- Courts Support The Commission -- Courts Limit The Commission -- The Commission Uses The Courts As A Buffer -- The Administrative State Endures -- Chapter 9 State Protection Denied for Women Workers -- Benevolent Protection or Intrusive Paternalism? -- Energetic Enforcement -- Constitutional Challenge -- Trial Court: The Night-work Ban is Unconstitutional -- The Supreme Court Appellate Division: The Night-work Ban is Unconstitutional -- The State's Case: This Law Appropriately Protects Women -- The Defendant's Case: This Law Violates Women's Rights -- The Court of Appeals: Women are Not "wards of the State" -- Pondering the Decision -- Chapter 10 State Protection Affirmed for Women Workers -- Launching a Test Case -- Documenting the Case Against Night Work -- Appealing for Public Support -- Appellate Division: The Night-work Ban is Justified -- The Defendant's Case: Women have a Right to Work in Factories at Night -- The State's Case: New York Must Protect Women -- A Flood of Legal Briefs -- The Court of Appeals Upholds the Law -- Chapter 11 Workers' Compensation Denied -- Workplace Accidents Take a Toll -- A State Commission Recommends a Bold New Departure -- A Bold New State Policy Injured Worker Earl Ives: The Law is Constitutional -- Liability Law's Champions: The Law is Constitutional -- South Buffalo Railway: The Law is Unconstitutional -- Court's Ruling: The Law is "plainly Revolutionary" and Unconstitutional -- The Law is Revolutionary -- The Law is the Result of Careful, Detailed Study and Addresses a Recognized Social Need -- But Under Our Constitutional System, Massive Evidence and Public Opinion are not Enough -- Some Provisions of the Law are Clearly within Legislative Authority -- Fatal Objection #1: Violation of Due Process -- Fatal Objection #2: The Slippery Slope -- Fatal Objection #3: The Law Exceeds the State's Police Power -- Chapter 12 Workers' Compensation Affirmed -- Changing the State Constitution to Support Reform -- Politics and Workers' Compensation -- A Powerful State Program -- Court Of Appeals, 1915: The Workmen's Compensation Law is "fundamentally Fair" and Constitutional -- Us Supreme Court, 1917: The New York Workmen's Compensation Law is "a Just Settlement of a Difficult Problem" and Constitutional -- Conclusion -- New York Courts "reasonably Successful and Satisfactory" -- Notes -- Selected Bibliography -- Index -- About the Author |
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| edition | 1st ed |
| format | Electronic eBook |
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| id | DE-604.BV049876053 |
| illustrated | Not Illustrated |
| indexdate | 2024-09-20T04:22:16Z |
| institution | BVB |
| isbn | 9781438488592 |
| language | English |
| oai_aleph_id | oai:aleph.bib-bvb.de:BVB01-035215503 |
| oclc_num | 1313884192 |
| open_access_boolean | |
| owner | DE-2070s |
| owner_facet | DE-2070s |
| physical | 1 Online-Ressource (316 Seiten) |
| psigel | ZDB-30-PQE ZDB-30-PQE HWR_PDA_PQE |
| publishDate | 2022 |
| publishDateSearch | 2022 |
| publishDateSort | 2022 |
| publisher | State University of New York Press |
| record_format | marc |
| series2 | Excelsior Editions Series |
| spelling | Dearstyne, Bruce W. Verfasser aut The Crucible of Public Policy New York Courts in the Progressive Era 1st ed Albany State University of New York Press 2022 ©2022 1 Online-Ressource (316 Seiten) txt rdacontent c rdamedia cr rdacarrier Excelsior Editions Series Description based on publisher supplied metadata and other sources Intro -- Contents -- Acknowledgments -- Introduction -- Chapter 1 Monitoring the Expansive State -- Court of Appeals as Rudder, Arbiter, and Buffer -- New Ideas for a New Century -- The Court's Middle Course for a New Century -- Judges Explain and Defend the Courts -- Judges Need to be Independent -- Courts do not Reach out for Power -- Courts Just Follow the Constitution -- Courts are Bound by Tradition but Open to New Ideas -- Courts Protect Individual Liberty -- The Court of Appeals Is Actually Progressive -- There are Too Many Defective Laws -- Judges Advance Justice Through Common Law -- Chapter 2 The Right to Privacy -- Technology and Media Outdistance the Law -- The Courts' Ambivalence -- Retrofitting the Law -- Two New York Courts Say Yes to the Right to Privacy -- Marshaling the Arguments for the Court of Appeals -- The Chief Judge Says no to the Right to Privacy -- Warren and Brandeis Originated the Concept of Right to Privacy -- The Concept of Right to Privacy Has no Precedent in Law or Court Decisions -- Hurting Someone's Feelings is not a Crime -- Supporting Abigail Roberson's Claim Would Open the Floodgates to Privacy Litigation -- This Is Beyond the Courts' Authority -- it is Up to the Legislature -- Dissenting Judges Assert the Right to Privacy -- Previous Court Decisions Implicitly Recognize the Right to Privacy -- This is An Assault on Abigail Roberson, not Just Hurt Feelings -- The Law Needs to Catch Up With Social Changes -- Unauthorized Use of a Photograph is Harmful -- A Rare Response to Public Criticism -- The Limits of the Law -- Privacy and Politics -- Chapter 3 The Case That Helped Change Constitutional History and Launch a Quest for the Presidency -- New York's Entry into Regulating Business -- Marshaling the Legal Arguments -- The Chief Judge as a Judicial Statesman -- The Majority of the Court Endorses the Law The Fourteenth Amendment and a Comparable Clause in the New York State Constitution Were Not Intended to Infringe the State's Po -- Changing Conditions Warrant Changing Regulations -- Courts Should not Second-guess the Legislature -- The Public Interest is Served by Sanitary Bakeries -- Regulating Working Hours Is Tied to Public Health Concerns -- Three Judges Say No -- New Yorkers Square off in Washington -- Parker Versus Peckham for More than a Century -- The Public Interest is Served by the Regulation at Issue -- The Fourteenth Amendment does not Prohibit Reasonable Regulation -- The Debate Goes on -- Chapter 4 The Chief Judge Runs for President -- The Politically Astute Chief Judge -- Judicial Statesman -- The Convention's Choice -- Endorsing Sound Monetary Policy -- A Modest Campaign Kickoff -- Low-profile Campaign -- Controversy at the End of the Campaign -- Voters Endorse the President and Reject the Judge -- Alton Parker as Senior Statesman -- Chapter 5 Public Health and Individual Rights -- Medical Breakthrough and Public Policy -- Taking the School to Court -- After a Decade, A Major Court Challenge to State Law -- The Court's Decision: Vaccination Requirement is Valid -- The Requirements are Clearly Within the State's Police Power -- The Requirements are Reasonable for Schools -- There is a "common Belief" in the Vaccine's Effectiveness -- The Limits of a "common Belief" -- Back to the Legislature -- State's Responsibility Evolves -- Chapter 6 The Insanity Defense on Trial -- Show Trial and Public Spectacle -- Round 1: Hung Jury -- Round 2: Temporary(?) Insanity -- Round 3: Confinement, Appeals, Escape -- Round 4: Freedom -- The Insanity Defense on Trial -- Chapter 7 The Debut of the Administrative State -- The Need for a New Approach to Regulation -- The Powerful New Commission Charts a Cautious Path The Supreme Court Appellate Division Endorses the Law -- The Company's Appeal: Delegation of Rate Setting to a Commission is Unconstitutional and Dangerous -- Village, Attorney General, and Public Service Commission: This Law is Constitutional -- Court of Appeals: The Legislature's Delegation of Authority is Constitutional -- A Foothold for the Administrative State -- Chapter 8 The Administrative State in Action -- Taking State Regulation to a Higher Level -- Benign Regulators -- A Smooth Path in Court -- Courts Have Power To Review Commission Orders -- Courts Shunt Decisions To The Commission -- Courts Defer To The Commission -- Courts Support The Commission -- Courts Limit The Commission -- The Commission Uses The Courts As A Buffer -- The Administrative State Endures -- Chapter 9 State Protection Denied for Women Workers -- Benevolent Protection or Intrusive Paternalism? -- Energetic Enforcement -- Constitutional Challenge -- Trial Court: The Night-work Ban is Unconstitutional -- The Supreme Court Appellate Division: The Night-work Ban is Unconstitutional -- The State's Case: This Law Appropriately Protects Women -- The Defendant's Case: This Law Violates Women's Rights -- The Court of Appeals: Women are Not "wards of the State" -- Pondering the Decision -- Chapter 10 State Protection Affirmed for Women Workers -- Launching a Test Case -- Documenting the Case Against Night Work -- Appealing for Public Support -- Appellate Division: The Night-work Ban is Justified -- The Defendant's Case: Women have a Right to Work in Factories at Night -- The State's Case: New York Must Protect Women -- A Flood of Legal Briefs -- The Court of Appeals Upholds the Law -- Chapter 11 Workers' Compensation Denied -- Workplace Accidents Take a Toll -- A State Commission Recommends a Bold New Departure -- A Bold New State Policy Injured Worker Earl Ives: The Law is Constitutional -- Liability Law's Champions: The Law is Constitutional -- South Buffalo Railway: The Law is Unconstitutional -- Court's Ruling: The Law is "plainly Revolutionary" and Unconstitutional -- The Law is Revolutionary -- The Law is the Result of Careful, Detailed Study and Addresses a Recognized Social Need -- But Under Our Constitutional System, Massive Evidence and Public Opinion are not Enough -- Some Provisions of the Law are Clearly within Legislative Authority -- Fatal Objection #1: Violation of Due Process -- Fatal Objection #2: The Slippery Slope -- Fatal Objection #3: The Law Exceeds the State's Police Power -- Chapter 12 Workers' Compensation Affirmed -- Changing the State Constitution to Support Reform -- Politics and Workers' Compensation -- A Powerful State Program -- Court Of Appeals, 1915: The Workmen's Compensation Law is "fundamentally Fair" and Constitutional -- Us Supreme Court, 1917: The New York Workmen's Compensation Law is "a Just Settlement of a Difficult Problem" and Constitutional -- Conclusion -- New York Courts "reasonably Successful and Satisfactory" -- Notes -- Selected Bibliography -- Index -- About the Author Relates the dramatic role of New York courts in shaping public policy on key reform legislation in the progressive era Erscheint auch als Druck-Ausgabe Dearstyne, Bruce W. The Crucible of Public Policy Albany : State University of New York Press,c2022 9781438488578 |
| spellingShingle | Dearstyne, Bruce W. The Crucible of Public Policy New York Courts in the Progressive Era Intro -- Contents -- Acknowledgments -- Introduction -- Chapter 1 Monitoring the Expansive State -- Court of Appeals as Rudder, Arbiter, and Buffer -- New Ideas for a New Century -- The Court's Middle Course for a New Century -- Judges Explain and Defend the Courts -- Judges Need to be Independent -- Courts do not Reach out for Power -- Courts Just Follow the Constitution -- Courts are Bound by Tradition but Open to New Ideas -- Courts Protect Individual Liberty -- The Court of Appeals Is Actually Progressive -- There are Too Many Defective Laws -- Judges Advance Justice Through Common Law -- Chapter 2 The Right to Privacy -- Technology and Media Outdistance the Law -- The Courts' Ambivalence -- Retrofitting the Law -- Two New York Courts Say Yes to the Right to Privacy -- Marshaling the Arguments for the Court of Appeals -- The Chief Judge Says no to the Right to Privacy -- Warren and Brandeis Originated the Concept of Right to Privacy -- The Concept of Right to Privacy Has no Precedent in Law or Court Decisions -- Hurting Someone's Feelings is not a Crime -- Supporting Abigail Roberson's Claim Would Open the Floodgates to Privacy Litigation -- This Is Beyond the Courts' Authority -- it is Up to the Legislature -- Dissenting Judges Assert the Right to Privacy -- Previous Court Decisions Implicitly Recognize the Right to Privacy -- This is An Assault on Abigail Roberson, not Just Hurt Feelings -- The Law Needs to Catch Up With Social Changes -- Unauthorized Use of a Photograph is Harmful -- A Rare Response to Public Criticism -- The Limits of the Law -- Privacy and Politics -- Chapter 3 The Case That Helped Change Constitutional History and Launch a Quest for the Presidency -- New York's Entry into Regulating Business -- Marshaling the Legal Arguments -- The Chief Judge as a Judicial Statesman -- The Majority of the Court Endorses the Law The Fourteenth Amendment and a Comparable Clause in the New York State Constitution Were Not Intended to Infringe the State's Po -- Changing Conditions Warrant Changing Regulations -- Courts Should not Second-guess the Legislature -- The Public Interest is Served by Sanitary Bakeries -- Regulating Working Hours Is Tied to Public Health Concerns -- Three Judges Say No -- New Yorkers Square off in Washington -- Parker Versus Peckham for More than a Century -- The Public Interest is Served by the Regulation at Issue -- The Fourteenth Amendment does not Prohibit Reasonable Regulation -- The Debate Goes on -- Chapter 4 The Chief Judge Runs for President -- The Politically Astute Chief Judge -- Judicial Statesman -- The Convention's Choice -- Endorsing Sound Monetary Policy -- A Modest Campaign Kickoff -- Low-profile Campaign -- Controversy at the End of the Campaign -- Voters Endorse the President and Reject the Judge -- Alton Parker as Senior Statesman -- Chapter 5 Public Health and Individual Rights -- Medical Breakthrough and Public Policy -- Taking the School to Court -- After a Decade, A Major Court Challenge to State Law -- The Court's Decision: Vaccination Requirement is Valid -- The Requirements are Clearly Within the State's Police Power -- The Requirements are Reasonable for Schools -- There is a "common Belief" in the Vaccine's Effectiveness -- The Limits of a "common Belief" -- Back to the Legislature -- State's Responsibility Evolves -- Chapter 6 The Insanity Defense on Trial -- Show Trial and Public Spectacle -- Round 1: Hung Jury -- Round 2: Temporary(?) Insanity -- Round 3: Confinement, Appeals, Escape -- Round 4: Freedom -- The Insanity Defense on Trial -- Chapter 7 The Debut of the Administrative State -- The Need for a New Approach to Regulation -- The Powerful New Commission Charts a Cautious Path The Supreme Court Appellate Division Endorses the Law -- The Company's Appeal: Delegation of Rate Setting to a Commission is Unconstitutional and Dangerous -- Village, Attorney General, and Public Service Commission: This Law is Constitutional -- Court of Appeals: The Legislature's Delegation of Authority is Constitutional -- A Foothold for the Administrative State -- Chapter 8 The Administrative State in Action -- Taking State Regulation to a Higher Level -- Benign Regulators -- A Smooth Path in Court -- Courts Have Power To Review Commission Orders -- Courts Shunt Decisions To The Commission -- Courts Defer To The Commission -- Courts Support The Commission -- Courts Limit The Commission -- The Commission Uses The Courts As A Buffer -- The Administrative State Endures -- Chapter 9 State Protection Denied for Women Workers -- Benevolent Protection or Intrusive Paternalism? -- Energetic Enforcement -- Constitutional Challenge -- Trial Court: The Night-work Ban is Unconstitutional -- The Supreme Court Appellate Division: The Night-work Ban is Unconstitutional -- The State's Case: This Law Appropriately Protects Women -- The Defendant's Case: This Law Violates Women's Rights -- The Court of Appeals: Women are Not "wards of the State" -- Pondering the Decision -- Chapter 10 State Protection Affirmed for Women Workers -- Launching a Test Case -- Documenting the Case Against Night Work -- Appealing for Public Support -- Appellate Division: The Night-work Ban is Justified -- The Defendant's Case: Women have a Right to Work in Factories at Night -- The State's Case: New York Must Protect Women -- A Flood of Legal Briefs -- The Court of Appeals Upholds the Law -- Chapter 11 Workers' Compensation Denied -- Workplace Accidents Take a Toll -- A State Commission Recommends a Bold New Departure -- A Bold New State Policy Injured Worker Earl Ives: The Law is Constitutional -- Liability Law's Champions: The Law is Constitutional -- South Buffalo Railway: The Law is Unconstitutional -- Court's Ruling: The Law is "plainly Revolutionary" and Unconstitutional -- The Law is Revolutionary -- The Law is the Result of Careful, Detailed Study and Addresses a Recognized Social Need -- But Under Our Constitutional System, Massive Evidence and Public Opinion are not Enough -- Some Provisions of the Law are Clearly within Legislative Authority -- Fatal Objection #1: Violation of Due Process -- Fatal Objection #2: The Slippery Slope -- Fatal Objection #3: The Law Exceeds the State's Police Power -- Chapter 12 Workers' Compensation Affirmed -- Changing the State Constitution to Support Reform -- Politics and Workers' Compensation -- A Powerful State Program -- Court Of Appeals, 1915: The Workmen's Compensation Law is "fundamentally Fair" and Constitutional -- Us Supreme Court, 1917: The New York Workmen's Compensation Law is "a Just Settlement of a Difficult Problem" and Constitutional -- Conclusion -- New York Courts "reasonably Successful and Satisfactory" -- Notes -- Selected Bibliography -- Index -- About the Author |
| title | The Crucible of Public Policy New York Courts in the Progressive Era |
| title_auth | The Crucible of Public Policy New York Courts in the Progressive Era |
| title_exact_search | The Crucible of Public Policy New York Courts in the Progressive Era |
| title_full | The Crucible of Public Policy New York Courts in the Progressive Era |
| title_fullStr | The Crucible of Public Policy New York Courts in the Progressive Era |
| title_full_unstemmed | The Crucible of Public Policy New York Courts in the Progressive Era |
| title_short | The Crucible of Public Policy |
| title_sort | the crucible of public policy new york courts in the progressive era |
| title_sub | New York Courts in the Progressive Era |
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