Pub Date : 2020-09-07DOI: 10.1017/S0898588X20000140
A. Grasso
Abstract Research on corporate criminal law has grown since the Great Recession, but corporate criminal liability, the principle charging corporations for crimes, remains understudied. Literature points to a 1909 Supreme Court decision as its basis, but historical analysis of the doctrine's deeper political roots reveal that its development was contingent on the convergence of several unique factors driving turn of the century American politics. First, corporate criminal liability would not have emerged had it not been for shifts in jurisprudential theory reconceptualizing the corporate form as an independent entity. Second, middle managers of railroads emerged as powerful political players during this period who capitalized on this discursive shift to advocate for corporate criminal liability as an alternative to individual liability rules directed against them. Third, the Supreme Court upheld corporate criminal lability in 1909 because it was constructed by the era's Republican majority to protect the party's economic preferences, and corporate criminal liability was viewed as consistent with their conservative agenda. These factors were each necessary, but alone insufficient, in paving the way for the Court to validate the principle in 1909. How they fit together sequentially illuminates how the doctrine's construction was contingent on specific political and historical circumstances.
{"title":"“No Bodies to Kick or Souls to Damn”: The Political Origins of Corporate Criminal Liability","authors":"A. Grasso","doi":"10.1017/S0898588X20000140","DOIUrl":"https://doi.org/10.1017/S0898588X20000140","url":null,"abstract":"Abstract Research on corporate criminal law has grown since the Great Recession, but corporate criminal liability, the principle charging corporations for crimes, remains understudied. Literature points to a 1909 Supreme Court decision as its basis, but historical analysis of the doctrine's deeper political roots reveal that its development was contingent on the convergence of several unique factors driving turn of the century American politics. First, corporate criminal liability would not have emerged had it not been for shifts in jurisprudential theory reconceptualizing the corporate form as an independent entity. Second, middle managers of railroads emerged as powerful political players during this period who capitalized on this discursive shift to advocate for corporate criminal liability as an alternative to individual liability rules directed against them. Third, the Supreme Court upheld corporate criminal lability in 1909 because it was constructed by the era's Republican majority to protect the party's economic preferences, and corporate criminal liability was viewed as consistent with their conservative agenda. These factors were each necessary, but alone insufficient, in paving the way for the Court to validate the principle in 1909. How they fit together sequentially illuminates how the doctrine's construction was contingent on specific political and historical circumstances.","PeriodicalId":45195,"journal":{"name":"Studies in American Political Development","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898588X20000140","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44811446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-08-07DOI: 10.1017/S0898588X20000085
J. Jenkins, J. Peck
Through the 1880s, Senator Henry Blair (R-NH) spearheaded an effort to erode local control of education by turning Congress into a source of funds and oversight for state-level primary and secondary schools. The Blair Bill won support from an interregional, interracial, bipartisan coalition. It passed in the Senate on three separate occasions, was endorsed by presidents, and was a frequent topic of discussion among party elites. Yet in 1890 the bill failed for the last time, and local control would go largely unchanged until the 1965 Elementary and Secondary Education Act. In this article we explore the decade-long battle surrounding Blair's proposal. Our analysis focuses on this lost opportunity as a way of highlighting the coalitional and institutional dynamics that work to prevent reform in an otherwise favorable environment. In this way, we contribute to a large literature on the uneven course of American state development.
{"title":"The Blair Education Bill: A Lost Opportunity in American Public Education","authors":"J. Jenkins, J. Peck","doi":"10.1017/S0898588X20000085","DOIUrl":"https://doi.org/10.1017/S0898588X20000085","url":null,"abstract":"Through the 1880s, Senator Henry Blair (R-NH) spearheaded an effort to erode local control of education by turning Congress into a source of funds and oversight for state-level primary and secondary schools. The Blair Bill won support from an interregional, interracial, bipartisan coalition. It passed in the Senate on three separate occasions, was endorsed by presidents, and was a frequent topic of discussion among party elites. Yet in 1890 the bill failed for the last time, and local control would go largely unchanged until the 1965 Elementary and Secondary Education Act. In this article we explore the decade-long battle surrounding Blair's proposal. Our analysis focuses on this lost opportunity as a way of highlighting the coalitional and institutional dynamics that work to prevent reform in an otherwise favorable environment. In this way, we contribute to a large literature on the uneven course of American state development.","PeriodicalId":45195,"journal":{"name":"Studies in American Political Development","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898588X20000085","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41584191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-01DOI: 10.1017/s0898588x20000139
{"title":"SAP volume 34 issue 1 Cover and Back matter","authors":"","doi":"10.1017/s0898588x20000139","DOIUrl":"https://doi.org/10.1017/s0898588x20000139","url":null,"abstract":"","PeriodicalId":45195,"journal":{"name":"Studies in American Political Development","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/s0898588x20000139","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49338743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-01DOI: 10.1017/S0898588X20000036
P. Musgrave
Policing is a prominent but understudied part of American politics. This article asks: Why did some, but not all, American states adopt a state police force in the early twentieth century? The state police force—a statewide policing agency with general jurisdiction over crimes throughout a state—was a prized progressive policy reform for decades. Yet many states declined to adopt the innovation. That puzzle becomes even more interesting given that all forty-eight states adopted the closely related innovation of a state highway patrol during the same period. This article applies diffusion theory to explain the origins of a familiar feature of American policing. Using a multimethod research design, I found that labor-capital struggles and regional pressures for diffusion were most important in shaping the adoption of state police forces. By contrast, adoptions of highway patrols appear to have been influenced by factors such as urbanization and fiscal capacity.
{"title":"Bringing the State Police In: The Diffusion of U.S. Statewide Policing Agencies, 1905–1941","authors":"P. Musgrave","doi":"10.1017/S0898588X20000036","DOIUrl":"https://doi.org/10.1017/S0898588X20000036","url":null,"abstract":"Policing is a prominent but understudied part of American politics. This article asks: Why did some, but not all, American states adopt a state police force in the early twentieth century? The state police force—a statewide policing agency with general jurisdiction over crimes throughout a state—was a prized progressive policy reform for decades. Yet many states declined to adopt the innovation. That puzzle becomes even more interesting given that all forty-eight states adopted the closely related innovation of a state highway patrol during the same period. This article applies diffusion theory to explain the origins of a familiar feature of American policing. Using a multimethod research design, I found that labor-capital struggles and regional pressures for diffusion were most important in shaping the adoption of state police forces. By contrast, adoptions of highway patrols appear to have been influenced by factors such as urbanization and fiscal capacity.","PeriodicalId":45195,"journal":{"name":"Studies in American Political Development","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898588X20000036","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42702121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-01DOI: 10.1017/S0898588X20000012
Lindsay Schakenbach Regele
During the 1810s and 1820, officials in the War Department engaged in military state building, which transcended partisanship and contributed to the development of executive autonomy. The process revealed the ability of the executive to shape national security, while also foreshadowing Progressive Era trends toward expertise-based bureaucratic autonomy. The activities of the Ordnance Department suggest that the connection between war and early American state building was forged in the efforts to bolster the armaments industry. Ordnance officers established autonomy partly through arms expertise, and they were not necessarily coalition builders like the late nineteenth-century Post Office and Department of Agriculture bureaucrats, especially because they generated more hostility. Thus, there were different routes by which autonomy was and is established, but in the first decades of the nineteenth century, this autonomy depended on national security and war preparations. This article uses War Department papers, armory records, and congressional debates to show how certain bureaucrats developed the ability to work against congressional limits to their functionality. Ordnance ultimately succeeded because its leaders executed a nonpartisan military agenda and demonstrated an ability to effectively manage the nation's security apparatus, especially in times of peace.
{"title":"Guns for the Government: Ordnance, the Military “Peacetime Establishment,” and Executive Governance in the Early Republic","authors":"Lindsay Schakenbach Regele","doi":"10.1017/S0898588X20000012","DOIUrl":"https://doi.org/10.1017/S0898588X20000012","url":null,"abstract":"During the 1810s and 1820, officials in the War Department engaged in military state building, which transcended partisanship and contributed to the development of executive autonomy. The process revealed the ability of the executive to shape national security, while also foreshadowing Progressive Era trends toward expertise-based bureaucratic autonomy. The activities of the Ordnance Department suggest that the connection between war and early American state building was forged in the efforts to bolster the armaments industry. Ordnance officers established autonomy partly through arms expertise, and they were not necessarily coalition builders like the late nineteenth-century Post Office and Department of Agriculture bureaucrats, especially because they generated more hostility. Thus, there were different routes by which autonomy was and is established, but in the first decades of the nineteenth century, this autonomy depended on national security and war preparations. This article uses War Department papers, armory records, and congressional debates to show how certain bureaucrats developed the ability to work against congressional limits to their functionality. Ordnance ultimately succeeded because its leaders executed a nonpartisan military agenda and demonstrated an ability to effectively manage the nation's security apparatus, especially in times of peace.","PeriodicalId":45195,"journal":{"name":"Studies in American Political Development","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898588X20000012","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46329214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-01DOI: 10.1017/S0898588X19000191
Debra Thompson
This article explores the erratic history of counting by race on the Canadian census. It argues that the political development of racial classifications on Canadian censuses has been shaped by the interactions among evolving global ideas about race, the programmatic beliefs of international epistemic communities of statisticians and census designers, and domestic institutions involved in the administration of the census. First, Canadian census designers drew from shifting global conceptions about the nature of race and racial difference, which normatively defined the legitimate ends of race policies. Second, Canadian census designers often paid heed to the programmatic beliefs of the international statistical community about the appropriateness of collecting racial data. Finally, evolving political institutions involved in the administration of the census mediated these transnational ideas, molding them to fit the Canadian national context through institutional and cultural translative processes. Theoretically, this research makes the case that focusing on interactive political development can augment the theoretical toolbox of American political development, enabling a more comprehensive picture of the emergence, dynamism, and persistence of the Canadian racial order.
{"title":"Race, the Canadian Census, and Interactive Political Development","authors":"Debra Thompson","doi":"10.1017/S0898588X19000191","DOIUrl":"https://doi.org/10.1017/S0898588X19000191","url":null,"abstract":"This article explores the erratic history of counting by race on the Canadian census. It argues that the political development of racial classifications on Canadian censuses has been shaped by the interactions among evolving global ideas about race, the programmatic beliefs of international epistemic communities of statisticians and census designers, and domestic institutions involved in the administration of the census. First, Canadian census designers drew from shifting global conceptions about the nature of race and racial difference, which normatively defined the legitimate ends of race policies. Second, Canadian census designers often paid heed to the programmatic beliefs of the international statistical community about the appropriateness of collecting racial data. Finally, evolving political institutions involved in the administration of the census mediated these transnational ideas, molding them to fit the Canadian national context through institutional and cultural translative processes. Theoretically, this research makes the case that focusing on interactive political development can augment the theoretical toolbox of American political development, enabling a more comprehensive picture of the emergence, dynamism, and persistence of the Canadian racial order.","PeriodicalId":45195,"journal":{"name":"Studies in American Political Development","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898588X19000191","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44559204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-01DOI: 10.1017/S0898588X1900018X
M. Chacón, Jeffrey L. Jensen
The ratification of constitutional changes via referendum is an important mechanism for constraining the influence of elites, particularly when representative institutions are captured. While this electoral device is commonly employed cross-nationally, its use is far from universal. We investigate the uneven adoption of mandatory referendums by examining the divergence between Northern and Southern U.S. states in the post-independence period. We first explore why states in both regions adopted constitutional conventions as the primary mechanism for making revisions to fundamental law, but why only Northern states adopted the additional requirement of ratifying via referendum. We argue that due to distortions in state-level representation, Southern elites adopted the discretionary referendum as a mechanism to bypass the statewide electorate when issues divided voters along slave-dependency lines. We demonstrate the link between biases to apportionment and opposition to mandatory referendums using a novel data set of roll calls from various Southern state conventions, including during the secession crisis of 1861.
{"title":"Direct Democracy, Constitutional Reform, and Political Inequality in Post-Colonial America","authors":"M. Chacón, Jeffrey L. Jensen","doi":"10.1017/S0898588X1900018X","DOIUrl":"https://doi.org/10.1017/S0898588X1900018X","url":null,"abstract":"The ratification of constitutional changes via referendum is an important mechanism for constraining the influence of elites, particularly when representative institutions are captured. While this electoral device is commonly employed cross-nationally, its use is far from universal. We investigate the uneven adoption of mandatory referendums by examining the divergence between Northern and Southern U.S. states in the post-independence period. We first explore why states in both regions adopted constitutional conventions as the primary mechanism for making revisions to fundamental law, but why only Northern states adopted the additional requirement of ratifying via referendum. We argue that due to distortions in state-level representation, Southern elites adopted the discretionary referendum as a mechanism to bypass the statewide electorate when issues divided voters along slave-dependency lines. We demonstrate the link between biases to apportionment and opposition to mandatory referendums using a novel data set of roll calls from various Southern state conventions, including during the secession crisis of 1861.","PeriodicalId":45195,"journal":{"name":"Studies in American Political Development","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898588X1900018X","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48404651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-01DOI: 10.1017/S0898588X19000208
Boris Heersink, J. Jenkins
In the post-Reconstruction South, two Republican factions vied for control of state party organizations. The Black-and-Tans sought to keep the party inclusive and integrated, while the Lily-Whites worked to turn the GOP into a whites-only party. The Lily-Whites ultimately emerged victorious, as they took over most state parties by the early twentieth century. Yet no comprehensive data exist to measure how the conflict played out in each state. To fill this void, we present original data that track the racial composition of Republican National Convention delegations from the South between 1868 and 1952. We then use these data in a set of statistical analyses to show that, once disfranchising laws were put into place, the “whitening” of the GOP in the South led to a significant increase in the Republican Party's vote totals in the region. Overall, our results suggest that the Lily-White takeover of the Southern GOP was a necessary step in the Republican Party's reemergence—and eventual dominance—in the region during the second half of the twentieth century.
{"title":"Whiteness and the Emergence of the Republican Party in the Early Twentieth-Century South","authors":"Boris Heersink, J. Jenkins","doi":"10.1017/S0898588X19000208","DOIUrl":"https://doi.org/10.1017/S0898588X19000208","url":null,"abstract":"In the post-Reconstruction South, two Republican factions vied for control of state party organizations. The Black-and-Tans sought to keep the party inclusive and integrated, while the Lily-Whites worked to turn the GOP into a whites-only party. The Lily-Whites ultimately emerged victorious, as they took over most state parties by the early twentieth century. Yet no comprehensive data exist to measure how the conflict played out in each state. To fill this void, we present original data that track the racial composition of Republican National Convention delegations from the South between 1868 and 1952. We then use these data in a set of statistical analyses to show that, once disfranchising laws were put into place, the “whitening” of the GOP in the South led to a significant increase in the Republican Party's vote totals in the region. Overall, our results suggest that the Lily-White takeover of the Southern GOP was a necessary step in the Republican Party's reemergence—and eventual dominance—in the region during the second half of the twentieth century.","PeriodicalId":45195,"journal":{"name":"Studies in American Political Development","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898588X19000208","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49660306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-01DOI: 10.1017/s0898588x20000127
{"title":"SAP volume 34 issue 1 Cover and Front matter","authors":"","doi":"10.1017/s0898588x20000127","DOIUrl":"https://doi.org/10.1017/s0898588x20000127","url":null,"abstract":"","PeriodicalId":45195,"journal":{"name":"Studies in American Political Development","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/s0898588x20000127","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45840026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-01DOI: 10.1017/S0898588X20000024
D. Robertson
The U.S. led the world in environmental policy in the 1970s, but now lags behind comparable nations and resists joining others in tackling climate change. Two embedded, entwined, and exceptional American institutions—broad private property rights and competitive federalism—are necessary for explaining this shift. These two institutions shaped the exceptional stringency of 1970s American environmental laws and the powerful backlash against these laws that continues today. American colonies ensured broad private rights to use land and natural resources for profit. The colonies and the independent state governments that followed wielded expansive authority to govern this commodified environment. In the 1780s, Congress underwrote state governance of the privatized environment by directing the parceling and transfer of federal land to private parties and of environmental governance to future states. The 1787 Constitution cemented these relationships and exposed states to interstate economic competition. Environmental laws of the 1970s imposed unprecedented challenges to the environmental prerogatives long protected by these institutions, and the beneficiaries responded with a wide-ranging counterattack. Federalism enabled this opposition to build powerful regional alliances to stymie action on climate change. These overlooked institutional factors are necessary to explain why Canadian and American environmental policies have diverged.
{"title":"Leader to Laggard: How Founding Institutions Have Shaped American Environmental Policy","authors":"D. Robertson","doi":"10.1017/S0898588X20000024","DOIUrl":"https://doi.org/10.1017/S0898588X20000024","url":null,"abstract":"The U.S. led the world in environmental policy in the 1970s, but now lags behind comparable nations and resists joining others in tackling climate change. Two embedded, entwined, and exceptional American institutions—broad private property rights and competitive federalism—are necessary for explaining this shift. These two institutions shaped the exceptional stringency of 1970s American environmental laws and the powerful backlash against these laws that continues today. American colonies ensured broad private rights to use land and natural resources for profit. The colonies and the independent state governments that followed wielded expansive authority to govern this commodified environment. In the 1780s, Congress underwrote state governance of the privatized environment by directing the parceling and transfer of federal land to private parties and of environmental governance to future states. The 1787 Constitution cemented these relationships and exposed states to interstate economic competition. Environmental laws of the 1970s imposed unprecedented challenges to the environmental prerogatives long protected by these institutions, and the beneficiaries responded with a wide-ranging counterattack. Federalism enabled this opposition to build powerful regional alliances to stymie action on climate change. These overlooked institutional factors are necessary to explain why Canadian and American environmental policies have diverged.","PeriodicalId":45195,"journal":{"name":"Studies in American Political Development","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898588X20000024","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"57354706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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