Popular Law-making. Frederic Jesup Stimson

Popular Law-making - Frederic Jesup Stimson


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Forestry Law; The First Trading Corporations;

       The Heresy Statutes; James I, Legislation Against Sins; Cromwell's

       Legislation; The First Business Corporation; Corporations Invented

       to Gain Monopoly; Growth of the Trade Guilds; Veterans' Preference

       Legislation.

      VI. AMERICAN LEGISLATION IN GENERAL.

      Early Increase of State Legislation; The State Constitutions; When

       Statutes Should Be Unconstitutional; Effect of the Initiative and

       Referendum; The True Value of Precedent.

      VII. AMERICAN LEGISLATION ON PROPERTY RIGHTS

      Proper Classification of Statutes; Anarchism, Individualism,

       Socialism; Definition of Communism; Definition of Nationalism;

       Property a Constitutional Right; Not a Natural Right; Socialism

       Unconstitutional; Eminent Domain; What Are Public Uses;

       Irrigation, Drainage, etc.; Internal Improvements; Bounties;

       Exemptions from Taxation; Limits Upon Tax Rate; Income Taxes;

       Inheritance Taxes; License Taxes; Betterment Taxes; Double

       Taxation; The Police Power; Government by Commission; Noxious

       Trades, Signs, etc.; Modern Extensions of Police Power; Pure Food

       and Drug Laws; Prohibition Laws; Oleomargarine Laws; Examinations

       for Professions; Christian Science and Osteopathy; Trading Stamps

       and Department Stores; Usury Laws; Negotiable Instrument Laws;

       Bills of Lading and Warehouse Receipts; Sales in Bulk; Intestate

       Succession; Laws for Protection of Debtors; Mechanics' Lien Laws;

       Mortgage Foreclosures; Nuisances; The Buying of Futures; Tips and

       Commissions; Weights and Measures; Laws Against Middlemen.

      VIII. REGULATION OF RATES AND PRICES

      Laws Fixing the Rate of Wages; Wages in Public Work; Logic of

       Rate Regulation; The Granger Cases; Theory of Rate Regulation;

       Regulation by the States; Constitutional Difficulties of Rate

       Regulation; The Railway Rate Act of 1910; The Long and Short Haul

       Clause.

      IX. TRUSTS AND MONOPOLIES

      The Trusts at Common Law; The Sherman Act; State Laws Against

       Trusts; Federal Incorporation; Other Remedies of the States; Class

       Legislation and Organized Labor; Recent Decisions and Laws Against

       Trusts; Constitutional Provisions Against Trusts; Growth and

       Decline of Anti-Trust Legislation; Best Remedy for Trusts; Only

       Three Courses Possible; Centralization and Federal Control.

      X. CORPORATIONS

      History of Trading Corporations; Two Theories of Corporation Law;

       The Massachusetts Commissioners' Report; The Payment Up of Stock;

       The Massachusetts Law; The "Business Corporation" Act; Corporation

       Laws of All the States; Publicity and Other Remedies; Laws

       Regulating "Holding" Companies and Stock Ownership by

       Corporations; Corporations of Other States; States May Exclude;

       Summary of the Trust Question; Public Service Companies.

      XI. LABOR LAWS

      English Law Does not Enforce the Labor Contract; Freedom to

       Trade and Labor; Sources of Reform Legislation; Constitutional

       Difficulties; Minimum Wage Laws; The Rate of Wages in Public Work;

       Equal Wages for Women; The New York Constitutional Amendment;

       Hours of Labor Laws for Men; Hours of Labor Laws for Women;

       Prohibited Employments to Women; Hours of Labor of Children; Laws

       of All the States To-day; Hours of Labor in Factories, etc.; Child

       Labor Prohibited; Hours of Labor in Mines; Age Limit for Child

       Labor, Dangerous and Immoral Trades, Protection of Young

       Girls, Labor in Mines, Hours of Labor in Peculiar Trades, The

       Constitutional Difficulty, Farms and Domestic Labor, Continental

       Legislation, Sanitary Restrictions on Female Labor, Sweatshop

       Laws, The Factory Acts, Employers' Liability, Anti-Truck

       Legislation, Factory Stores and Dwellings, Benefit Funds and

       Compulsory Insurance, The Régime of Contract, Compulsory Labor and

       Peonage, Statutes Against Intimidation, Blacklists, Picketing,

       Armed Guards, Political and Militia Duties, Miscellaneous Matters,

       Profit-Sharing, etc., Discrimination Against Union Labor, Twenty

       Years of Labor Legislation, Foreign Labor Legislation, Employers'

       Liability, Old Age Pensions, Minimum Wage Laws, Co-operation and

       Profit-Sharing, Arbitration Laws, Labor Legislation in Europe.

      XII. COMBINATIONS IN LABOR MATTERS

      The Law of Combination and Conspiracy, Intent the Test, The

       English Conspiracy Act, Modern Reforms Desired by Organized Labor,

       Boycotts and Blacklists, Intimidation, Interference with Political

       Rights, The Oklahoma Labor Code, European Law of Combination.

      XIII. MILITARY AND MOB LAW, AND THE RIGHT TO ARMS

      The Right to Civil Law, Martial Law, Military Law, The Right to

       Arms, Military Service, The Struggle Against Martial Rule in

       England, Standing Armies, Mobs, Riots, Lynching, The Use of the

       Army in Labor Troubles,

      XIV. OF POLITICAL RIGHTS

      The Right to Assembly and Free Elections; The Suffrage, 28;

       The Force Bills; Interference with Voting; Bribery and Corrupt

       Practices; Lobbying Acts; The Form of the Ballot; Direct Primaries

       and Nominations; The Distrust of Representative Government;

       Corrupt Elections Laws; Direct Election of U.S. Senators; Women's

       Suffrage; Municipal Elections, The Initiative, Referendum, and

       Recall; The Judicial System.

      XV. OTHER LEGISLATION AFFECTING INDIVIDUAL RIGHTS

      Freedom of Speech and of the Press; The "Unfair" List; Prohibition of Anarchistic Propaganda; The Right to Privacy; Search Warrants and Self-Incrimination; Religious Rights.

      XVI. LEGISLATION CONCERNING PERSONAL AND RACIAL RIGHTS

      The Race Question; Races Capable of Citizenship; The War

       Amendments and Their Effect; The Negro's Social and Property

      


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