Frontmatter -- Contents -- Preface -- Introduction -- I. Complicating the Conventional Account -- 1. The Conventional Account -- 2. The Transformation of the Constitutional Jurisprudence of Foreign Relations: The Orthodox Regime under Stress -- 3. The Triumph of Executive Discretion in Foreign Relations -- 4. The Emergence of Agency Government and the Creation of Administrative Law -- 5. The Emergence of Free Speech -- II. The Constitutional Revolution as Jurisprudential Crisis -- 6. The Restatement Project and the Crisis of Early Twentieth-Century Jurisprudence -- 7. The Constitutional Revolution as a Crisis in Adaptivity -- III. The Creation of Triumphalist Narratives -- 8. The Myths of Substantive Due Process -- 9. The Canonization and Demonization of Judges -- 10. Cabining the New Deal in Time -- Notes -- Index
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G. Edward White deftly draws together the countless details of Alger Hiss's life--from his brilliant success at Harvard to his later career as a self-made martyr to McCarthyism--to paint a fascinating portrait of a man whose life was devoted to perpetuating a lie. White catalogs the evidence that proved Hiss's guilt, from Whittaker Chambers's famous testimony, to copies of State Department documents typed on Hiss's typewriter, to Allen Weinstein's groundbreaking investigation in the 1970s. The author then explores the central conundrums of Hiss's life: Why did he become a Soviet spy? Why did h
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"At a time when many baseball fans wish for the game to return to a purer past, G. Edward White shows how seemingly irrational business decisions, inspired in part by the self-interest of the owners but also by their nostalgia for the game, transformed baseball into the national pastime. Not simply a professional sport, baseball has been treated as a focus of childhood rituals and an emblem of American individuality and fair play throughout much of the twentieth century. It started out, however, as a marginal urban sport associated with drinking and gambling. White describes its progression to an almost mythic status as an idyllic game, popular among people of all ages and classes. He then recounts the owner's efforts, often supported by the legal system, to preserve this image. Baseball grew up in the midst of urban industrialization during the Progressive Era, and the emerging steel and concrete baseball parks encapsulated feelings of neighborliness and associations with the rural leisure of bygone times. According to White, these nostalgic themes, together with personal financial concerns, guided owners toward practices that in retrospect appear unfair to players and detrimental to the progress of the game. Reserve clauses, blacklisting, and limiting franchise territories, for example, were meant to keep a consistent roster of players on a team, build fan loyalty, and maintain the game's local flavor. These practices also violated antitrust laws and significantly restricted the economic power of the players. Owners vigorously fought against innovations, ranging from night games and radio broadcasts to the inclusion of black players. Nonetheless, the image of baseball as a spirited civic endeavor persisted, even in the face of outright corruption, as witnessed in the courts' leniency toward the participants in the Black Sox scandal of 1919. White's story of baseball is intertwined with changes in technology and business in America and with changing attitudes toward race and ethnicity. The time is fast approaching, he concludes, when we must consider whether baseball is still regarded as the national pastime and whether protecting its image is worth the effort."--Jacket
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In: In Sarah H. Cleveland and Paul B. Stephen, eds., The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law (Oxford University Press, 2020), Forthcoming