Recalibrating reform : the limits of political change / Stuart Chinn.

Print version record.

Judicial Reform.

Cover; Half Title; Series Page; Title; Copyright; Dedication; Contents; Acknowledgments; Part I Introduction; Introduction: Reconstructing Governance; 1 The Theory and Political Processes of Recalibration; Claim 1: A General Theory of Recalibration; Claim 2: The Political Processes of Transformative Recalibration; The Legal Enactment of Reform; Delimitation; Political Responses to Reform and Legislative Stalemate; Judicial Delimitation; Construction: The Articulation of New Institutional Arrangements and Judicial Affirmation; Overview of the Processes of Transformative Recalibration.

2 The Supreme Court and Transformative RecalibrationClaim 3: The Supreme Court, Modes of Adjudication, and Transformative Recalibration; Situating Judicial-Institutional Interests in Relation to Other Influences on Judicial Behavior; Modes of Adjudication; Delimiting Judicial Rulings; Order-Affirming Rulings; Order-Maintenance and Tension-Managing Judicial Rulings; Claim 4: The Supreme Court and the Political System during Transformative Recalibration; Judicial Efficacy; Constraints on the Judiciary; Overview of the Chapters; Part II Legal Reform and Its Delimitation.

3 Emancipation, the Reconstruction Era, and DelimitationThe Rise of Legislative Stalemate; Governing Crisis: Southern Civil Disorder in the 1870s; Governing Crisis: Panic of 1873; The Inauguration of Legislative Stalemate; The Judicial Delimitation of Reconstruction; Blyew v. United States; The Slaughter-House Cases; United States v. Cruikshank; United States v. Reese; Strauder v. West Virginia and Virginia v. Rives; Civil Rights Cases; Conclusion; 4 Labor Rights, the New Deal Era, and Delimitation; The Rise of Legislative Stalemate; Governing Crisis: The Sit-Down Strikes.

Governing Crisis: The Court-Packing Plan and Executive ReorganizationGoverning Crisis: The Recession of 1937; The Inauguration of Legislative Stalemate; The Judicial Delimitation of New Deal Labor Rights; NLRB v. Mackay Radio & Telegraph Co.; (1) The workers were not entitled to be reinstated since they had voluntarily walked off the job; (2) The five workers were entitled to consideration for reemployment free of discrimination due to their union activities; and (3) the five workers were entitled to reinstatement.

(4) Just as workers in a strike precipitated by an employer's unfair labor practice may be generally reinstated under Section 10(c), economic strikers should likewise enjoy the protection of general reinstatementNLRB v. Sands Manufacturing Co.; NLRB v. Fansteel Metallurgical Corp.; Continuing Legislative Stalemate on Labor Legislation; Conclusion; 5 Constitutional Equal Protection, the Civil Rights Era, and Delimitation; The Rise of Legislative Stalemate; Governing Crisis: The Urban Riots; Governing Crisis: The Vietnam War and the Tet Offensive; The Inauguration of Legislative Stalemate.

Stuart Chinn highlights this phenomenon, dubbed 'recalibration', as a regular companion to reform, and highlights the barriers to, and possibilities for, change in American politics.

Includes bibliographical references and index.

English.

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