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The year 2025 marks the 120th anniversary of Lochner v. New York, a 1905 U.S. Supreme Court decision striking down legislative limits on work hours in the baking industry. U.S. scholars generally agree this decision harmed workers and was a setback to the labor movement in the United States. The essay borrows from some of the historian E.P. Thompson’s writings on the relationship between historical inquiry and normative values in order to reflect on Lochner and the relative consensus among scholars opposing the decision. That reflection in turn serves as a point of entry for thinking about the role of normative values in doing labor history, what values we propound in the present by writing and teaching about the history of working-class people, and how those issues relate to different ways labor historians can understand what is arguably our field’s central category, class. The essay suggests that, with regard to the Lochner decision and in general, labor history is something of a different activity if the field’s orientation is toward the amelioration of time- and place-specific problems in working-class people’s lives, toward class as inherently a category of violence and injustice, or both.
Beginning after the end of Reconstruction, this chapter looks at the ways in which the police power emerged to facilitate an increasingly bold project of regulation. Key Supreme Court decisions supported the use of the police power to undertake and implement the objectives of a growing economy and a widening sphere of government. State power accompanied expanding national power and all levels of government tackled myriad persistent and new problems. In a case from the early twentieth century, for example, the Court upheld a vaccine requirement as a reasonable exercise of the public health authority of the state. Regulatory power was called into question by the Supreme Court’s Lochner-era decisions, but even this two-decades-long movement did not seriously threaten the ability of state governments to carry out ambitious regulatory agendas. Significantly, the Court put its imprimatur on the government’s zoning power in key cases from the late 1920s. And though the Court would message to the states that there were limits on how far they could go in restricting property rights, through doctrines such as “regulatory takings,” what emerged by the end of World War II was a robust conception of the state police power, one that gave government a wide sphere of action and authority to protect the general welfare.
Founded by Booker T. Washington in 1900, the National Negro Business League (NNBL) sought to unite Black business owners, promote entrepreneurship, and develop economic power. Despite its prominence in the early twentieth century, the group declined after Washington’s death in 1915. As a result, little is known about its organizational development. This study uses data on state and local Negro Business Leagues (NBLs), along with active and life members of the NNBL, to better understand the group’s first fifteen years. Analyses reveal that the NNBL’s development reflected closely the social and economic context of early twentieth century Black America. Generally speaking, the NNBL was stronger in states with larger urban Black populations and where the value of Black-owned farms was higher, consistent with the importance of agriculture to Black business during this era. These results both shed light on the NNBL’s early success and suggest avenues for future research on its decline.
This chapter reveals how ideological notions of French decadence, US sexual restraint, and Cuban moral regeneration shaped immigration law and anti-trafficking protocols. Undercover investigations and social scientific studies discovered a flood of European women, especially from France, migrating for work in prostitution. The same studies described the erotic cachet afforded to Frenchness, the global marketing of vice, and what exactly French women offered for sale. According to US and Cuban reformers, a debased European morality promoted these “undesirable” migrations. This premise bolstered exclusionary legislation passed in both countries, barring suspected prostitutes from crossing the border, along with traffickers and pimps. Thus the desire for undesirable women – and not the protection of trafficking victims – motivated immigration reform.
In order to tell the literary history of “progressive liberalism” in the twentieth-century American novel, this chapter traces the career of the word “liberalism” from progressivism’s synonym during the Progressive Era to its antonym ever since the Cold War. This conceptual history has underwritten not only the history of American political thought, but also that of the American novel in the twentieth century. It was in the literary imagination – from the realist and, even more crucially, the naturalist novel of the late nineteenth and early twentieth centuries to the multicultural novel of the late twentieth century – that the changing meanings of “progressive” and “liberal” were developed and tested. By the same token, these political categories provided a vocabulary for politically placing and adjudicating individual works and even whole genres and literary developments – efforts that became increasingly central to literary studies as the discipline became self-consciously politicized. In particular, the chapter pays attention to canonical novels by Theodore Dreiser, Frank Norris, John Steinbeck, John Dos Passos, Ralph Ellison, Saul Bellow, Norman Mailer, Mary McCarthy, and Toni Morrison.
In the years following FDA approval of direct-to-consumer, genetic-health-risk/DTCGHR testing, millions of people in the US have sent their DNA to companies to receive personal genome health risk information without physician or other learned medical professional involvement. In Personal Genome Medicine, Michael J. Malinowski examines the ethical, legal, and social implications of this development. Drawing from the past and present of medicine in the US, Malinowski applies law, policy, public and private sector practices, and governing norms to analyze the commercial personal genome sequencing and testing sectors and to assess their impact on the future of US medicine. Written in relatable and accessible language, the book also proposes regulatory reforms for government and medical professionals that will enable technological advancements while maintaining personal and public health standards.
In the early 1900s, Washington, D.C. contained many alleys in the interior of blocks inhabited by impoverished Black residents. Elite reformers engaged in an aggressive campaign to eliminate alleys, on the grounds of their purported unsanitary environment and high disease prevalence. In this paper, I combine quantitative, qualitative, and spatial sources to explore new perspectives on segregation, public health, and the racialized efforts of housing reformers during this period. I find that reformers overstated the horrors of conditions in alleys and their effects on residents’ health: poorer health among alley residents was in large part due to Black residents’ marginalization wherever they might live. Alleys’ status as racialized space, coupled with progressive paternalistic racism, facilitated the discursive construction of alleys as pathological “breeding grounds of disease.” Further, my findings shed new light on micro-configurations of segregation within racially mixed neighborhoods, as well as the social experience and meaning of such configurations. Far from indicating harmonious coexistence, the proximity of such alleys to white homes and institutions spurred elite Washingtonians’ self-interested fear of disease spreading beyond the alleys. Thus, this pattern of segregation helps explain the zeal of the campaign to eradicate alleys: as a means of achieving separation from undesired Black neighbors whom white reformers associated with contagion.
Throughout the Progressive Era, settlement houses in the urban Northeast and Midwest operated robust summer camp programs for the children of their neighborhoods. Each summer, campers enjoyed two weeks of hiking, swimming, nature study, and relaxation. This article argues that summer camps exemplified the environmental agenda of settlement-house workers during the Progressive Era. Unlike smoke abatement, sanitation reform, or playground construction, which addressed isolated components of the urban environment, camps allowed them to articulate a deeply ecological critique of the industrial city. Settlement-house workers constructed camp landscapes and daily programming in response to problems endemic to atmosphere, city streets, and immigrants’ homes, providing children with a total environmental change while meanwhile pursuing slower and more piecemeal reforms back in the city. Settlement house leaders and other Progressive Era reformers discerned an intimate connection between landscapes and morality, which summer camps allowed them to address since they could reform individual behavior in addition to combatting structural inequities. Summer camps demonstrate that settlement-house workers’ environmental philosophy permeated their reform agendas, influencing social work and recreation in addition to politics and public health.
Throughout the 1920s and early 1930s, Socialists in Wisconsin experienced a “golden age” of political successes in the state legislature. Whereas the 1920s are commonly seen as a period of socialist decline, Wisconsin Socialists entered the decade with a renewed sense of optimism. Following World War I, the Wisconsin Democratic Party collapsed as a viable political option and the Wisconsin Socialist Party found itself the second most powerful party behind the Republican Party. Wisconsin Socialists took a pragmatic approach to legislative debates and allied with progressive Republicans to defeat conservative opposition. Socialists were vital to progressive reform prior to World War I; however, the Socialist-Progressive alliance reached its full potential in the 1920s. From 1919–31, the Wisconsin legislature passed 295 Socialist-authored pieces of legislation ranging from labor demands, public utilities, and criminal justice reform. Many of the proposals resulted from negotiations between the Socialist and Progressive caucuses. The success of the Wisconsin Socialists—and their alliance with progressive Republicans—suggests that at least in some places the Progressive Era extended into the 1920s.
This chapter traces the history of the world's anti-death penalty movement, noting how countries moved away from punishments such as breaking on the wheel and burning at the stake and how capital punishment has been abolished or curtailed in various countries and American states. After taking note of early successes of the abolitionist movement, the chapter discusses abolitionist efforts over time, including in the Progressive Era and in the post-World War II period (e.g., in Europe and the Americas). In particular, the chapter discusses American states (i.e., Michigan, Wisconsin and Rhode Island) that abolished capital punishment before the American Civil War, and describes how West Germany outlawed capital punishment in its constitution in 1949. The chapter discusses how international human rights law has evolved in the post-World War II period, with capital punishment coming under increased scrutiny and protocols to international and regional human rights conventions (e.g., the Second Optional Protocol to the International Covenant on Civil and Political Rights, Protocols 6 & 13 to the European Convention on Human Rights) abolishing or restricting the death penalty's use.
Chapter 1 presents the historical context and the key players who called for statistics to be collected as part of the interwar public health programs presented in later chapters. Striving to promote the health of “others” – poor rural communities, or people in foreign countries – using scientific methods, the Rockefeller Foundation and the Milbank Memorial Fund provided support to statistical initiatives with the help of bacteriologists trained in laboratory methods, who aimed to extend those principles to the social world. Missionaries’ sons born in China – with knowledge both of Chinese conditions and North American public health training – made implementation of such programs possible in China. It was these driving forces that enabled these public health programs, including related statistical practices.
Birth registration formed a key part of the administration of white supremacy between Reconstruction and World War II. In the allotment of Indigenous lands and the enforcement of de jure segregation by states, birth registration served an important ideological and administrative function. Because allotment policy combined property transmission with family reorganization, it made documentation of identity more important to the federal Indian Office. The Office imposed nuclear family structures on complex kin networks to establish access to land title, and it used documentation to alter family relationships to fit with American property law. During the same years, southern states used birth registration to fix racial identity in order to determine access to school, marriage, and many other benefits. Racial classification through birth registration, in other words, worked less to record the truth than to help produce it.
In this chapter, I apply the theory of the reasoning state to re-interpret the progressive era rise of the administrative state. Three forces combined to activate the concerns articulated in the theory. First, the economy became far more complex and interdependent after the Civil War, changes that both called for state intervention and also made it highly challenging for the public to effectively audit those interventions. Second, economic power and hence the ability to influence the democratic organs of government became far more unequal, further setting the ground for public distrust of policy outputs. Third, a media revolution occurred around the turn of the century. Changes in print technology and the rise of new media forms, notably the muckrakers, altered the information environment to shed light on abuses of the public trust. Together, these forces spurred (justified) distrust of the prevailing Madisonian form, and led to the rise of progressive era administrative bodies.
Administrative bodies, not legislatures, are the primary lawmakers in our society. This book develops a theory to explain this fact based on the concept of trust. Drawing upon Law, History and Social Science, Edward H. Stiglitz argues that a fundamental problem of trust pervades representative institutions in complex societies. Due to information problems that inhere to complex societies, the public often questions whether the legislature is acting on their behalf—or is instead acting on the behalf of narrow, well-resourced concerns. Administrative bodies, as constrained by administrative law, promise procedural regularity and relief from aspects of these information problems. This book addresses fundamental questions of why our political system takes the form that it does, and why administrative bodies proliferated in the Progressive Era. Using novel experiments, it empirically supports this theory and demonstrates how this vision of the state clarifies prevailing legal and policy debates.
Young women growing up in the Gilded Age and Progressive Era increasingly found their relationships subject to scrutiny as doctors, parents, teachers, and school administrators began to worry about the so-called abnormal girl. Attempts to suppress the culture of crushes and romantic friendships between young women reflected these larger cultural anxieties about their relationships. But, as notions of normative girlhood began to form, this intense scrutiny of their relationships had a significant impact on their everyday lives. The young women who were navigating this scientific and cultural shift developed a range of innovative strategies from subversively concealing their relationships to boldly pursuing their queer desires.
In November 1915, popular Baltimore minister and anti-vice reformer Kenneth G. Murray became enmeshed in scandal after he allegedly attempted to engage in sex with another man at the Y.M.C.A. The revelation of Murray’s alleged queerness became a flashpoint in ongoing contestations over anti-vice reform and the legitimacy of using state power to enforce Christian morality. In the hands of his political opponents, most notably H.L. Mencken, Murray’s apparent homosexuality became a tool for vindicating long-standing assertions that men who campaigned for state-enforced morality were hypocritical and motivated in their activism by sexual and gendered pathologies. In tracing print reactions to Murray’s public exposure, this essay argues that homosexuality proved to be a powerful political weapon against progressive anti-vice campaigning like Murray’s because it was capable of reconciling competing stereotypes of religiously motivated anti-vice reformers as simultaneously overly sexual and impotent, feminized and pathologically masculine. The Murray scandal also opened the door for critiques of muscular Christianity, which made it an early example of how the sexual diagnosis of religious figures and reformers could be used to discredit social and religious activism.
Because of the virtual demise of firm centered collective bargaining, many labor partisans have rediscovered a form of wage determination originating in the Progressive Era. Sectoral bargaining encompasses an effort to win better conditions in an entire occupation or industry. Instead of a collective bargaining contract, standard-setting laws or codes are enacted, either by the legislature or a state board that sets wages and working conditions once all the stakeholders have had their say. Just as civil rights laws apply to all US workplaces regardless of the attitude of workers or employers, so too would a wage board promulgate a set of work standards that are equally universal, at least within the industry and region over which the board has jurisdiction.
The realms of banking and finance reveal a far more complex approach to early twentieth-century African American activism than the conventional protest vs. accommodation paradigm. Whites’ anxieties about Black economic and political autonomy melded into a peculiar alchemy of progressive zeal and white supremacy that professed the idealistic goal of protecting citizens from exploitative business practices but had the practical effect of destroying symbols of Black economic progress. The context that drove the opening of Black banks in Mississippi as “monuments of protest” also made Mississippi's new banking law a powerful tool with which state actors and even regular citizens could strike blows against African Americans’ growing economic, social, and political agency.
This essay examines the debate within the community of Black intellectuals and politicians about whether or not to abandon the Republican Party in 1916, and discusses both major parties’ attempts to cultivate Black voters. The objective of this article is to analyze 1916 through the lens of the rise of Black political independence and to elucidate the strains of thought that pushed an increasing number of Black thinkers—and, later, everyday Black voters—to operate outside of the political framework of the Republican Party. Though the momentous shift in the Black vote had not yet fully materialized, 1916 saw a pivotal and significant crystallization of discontent with the GOP that pushed Black voters to search for alternatives, including the radical option of a “Negro Party.” Ultimately, this new sense of political opportunity helped create the atmosphere that allowed Black voters to shift to the Democratic Party from 1928 to 1936.
This chapter explores Robert Herrick’s Memoirs of an American Citizen (1905) and its distinctive elements within the larger emergence and development of the American business novel genre at the turn of the twentieth century. Herrick’s novel uses Chicago – a city representative of the country’s emerging economic growth and social disparities – as a canvas to chronicle the rise of its archetypal businessman, the influence of its powerful business and political elites, and the capitalist ideology that sustained them, while at the same time questioning the lack of social responsibility in a market-driven economy. The chapter traces how Herrick, as a traditionalist and reserved writer from New England, ventured into the business novel genre to ingeniously depict in Memoirs a psychological portrait of a businessman, which is both compelling and troubling, and an authentic representation of Chicago’s economic landscape filled with opportunity and excesses. The tropes of the personal search for economic improvement and the desire for business success explored in Herrick’s novel remain as topical today as when they were first conceived.