FULL EMPLOYMENT AS A POLICY ISSUE

Passage of the Humphrey-Hawkins Full Employment and Balanced Growth Act of 1978 is the most recent step in the development of a national full employment policy. This article traces the origin of the legislative debate over full employment back to the 1940s, the only previous time that Congress gave serious consideration to full employment legislation. It analyzes the conflicting economic and political interests and philosophies that led to the defeat of the Full Employment Bill of 1945 and to passage of weaker legislation, the Employment Act of 1946, which dropped the commitment to full employment. The article then traces the contours of unemployment since World War II: recurrent recessions; significant unemployment between recessions; the unequal distribution of joblessness, hitting hardest at groups such as minorities, women, and youths; and growing urban and regional unemployment. Some of the hidden social, human and economic costs of unemployment are explored. So is the relationship between unemployment and crime, poverty, welfare, the urban crisis and inequality. Full employment reemerged as a major issue in the 1970s because of the impetus from groups whose unemployment problems persist between recessions. Coalitions of these groups pressed for a national policy to secure full employment for all groups. This led to passage of the Humphrey-Hawkins Act. But the controversy over full employment has not ended. Attempts to implement the Act, the article concludes, may heighten underlying controversies over issues such as inflation, wage, price and profit controls, the environment, and job creation and may make full employment one of the leading domestic issues of the 1980s.     

THE PROBLEM OF HIGH UNEMPLOYMENT: RESULT OF MUDDLED NATIONAL ECONOMIC POLICIES

During 1953 through 1979 estimated, the U.S. economy has exhibited a roller-coaster economic performance–six periods of inadequate upturn, stagnation, and recession, with a chronic rise in unemployment because each upturn at its peak has tended to leave us with more unemployment than the previous one. During the period as a whole, we have forfeited 7.1 trillion 1978 dollars in GNP and 80.8 million years of civilian employment opportunities, and consequently lost about 1.8 trillion dollars in public revenues at all levels, with severe neglect of national priorities, and chronically rising Federal Budget deficits. This sorry record is due primarily to reliance upon a “trade-off” between unemployment and inflation. But empirical evidence for more than a quarter century has demonstrated that inflation rises as unused capabilities increase and vice versa. The annual inflation rate during the first half of 1979 exceeded 13 percent despite recession; it ranged from 1.6–3.0 percent during periods close to full employment. We now need thorough reconstruction of national economic policies, including abandonment of (1) the unemployment-inflation “trade-off,” (2) attempts to balance the federal budget at the expense of the economy and the people, (3) the prevalent monetary policy with soaring interest rates, and (4) excessive reliance on tax reductions in lieu of increased public outlays or investment. These changes would replace improvised and frequently conflicting national economic policies with comprehensive and coherent efforts. All this is in accord with the Humphrey-Hawkins Full Employment and Balanced Growth Act of 1978     

'Caught Between a Rock and a Hard Place': Anti-discrimination Legislation in the Liberal State and the Fate of the Australian Disability Discrimination Act

This article offers a critical analysis of some of the practical implications for disabled people of the Disability Discrimination Act of 1992. Specifically, it raises questions about politics and the role of the law as an instrument of social changetaking greater account of the interests of disabled peopleon the one hand, and of the reliance of the social model of disability on a strategy based upon legal rights on the other. The article also suggests that the constraining effects of Australia's constitutional protections of rights and its federal system of government hinder the mildly progressive elements of the Disability Discrimination Act. To illustrate this, the paper employs empirical evidence to suggest that these effects have been exacerbated by the passage of the Human Rights Legislation Amendment Act in 1999.     

Women's policy networks and the Infanticide Act 1922

This article examines the reason for the passage of the 1922 Infanticide Act, arguing that it owes much to the influence and work of women's policy networks. Historians have disagreed as to why the Act was passed with relative suddenness in the early 1920s, at a time when infanticide was generally considered a much less pressing social issue than it had been in Victorian England. Moreover, several Bills brought between 1908 and 1913 proposing that the law on this subject be amended so that women who killed their newborns no longer faced the death penalty had all failed. Importantly, the roles of juror and lay magistrate had become open to women in 1920, following the passage of the Sex Disqualification (Removal) Act 1919. The public interest generated by a case of newborn murder tried at the Leicester Assizes in 1921 (particularly amongst women's organizations, including the suffragette group the Women's Freedom League) led several leading women with political connections to push for a change in the law. Without the pressure these women could bring to bear on civil servants and politicians, attempts to bring in new legislation on infanticide would have been postponed well into the twentieth century.     

The Genesis of the 1906 Trades Disputes Act: Liberalism, Trade Unions, and the Law

The Trades Disputes Act of 1906 occupies an important positionin the history of trade unionism, industrial relations, andlabour politics. Far less attention has been devoted to itsplace in the development of Liberal politics. Historians ofliberalism tend to portray the act as an uninteresting reversionto the pre-Taff Vale position and symptomatic merely of theparty's desire to placate labour. This article suggests thatexisting accounts of the Act's genesis place insufficient emphasison its Liberal origins and that arguments about trade unionlaw provide important insights into the character of the partyand its creed. The argument is in three parts. The first considersthe constraints on liberal legislators. The second investigatesthe meaning of the debates surrounding the Act's passage. Itrestores the Act to its proper intellectual context by recoveringthe variety of views about trade union law present in Edwardianliberalism. The last section uses these arguments to demonstrateboth the resilience of radicalism within the party and the emergenceof a novel social democratic progressivism. Only thus, it isclaimed, is it possible to understand the passage and meaningof the Act. * A number of people have helped in the preparation of thisarticle. I would like to thank David Armutage, Eugeruo Biagiru,Elizabeth Emens, Jon Lawrence, Nomi Levy, Alastair Reid, EmmaRothschild, Lisa Tiersen and Philip Waller I benefited greatlyfrom the comments of the anonymous referees and the assistanceof the editors of Twentieth Century British History. I owe aspecial debt of gratitude to David Cannadine, Peter Clarke andVictoria de Grazia.     

The Politics of Employee Discharge: Triggering, Representation, and Venue

This article analyzes the failed effort to reform employment termination policy in the United States during the 1980s and early 1990s using the procedures of the National Conference of Commissioners on Uniform State Laws. This effort sought to replace the common law doctrine of employment-at-will with state "just cause" arbitration statutes that would grant limited rights to discharged employees while capping the remedies available to prevailing claimants. The resulting Model Employment Termination Act and the failure of states to adopt it are explained by structural and strategic factors, including movement of the judicial "trigger," the configuration and representation of interests, and the choice of policy venue.     

Democratic Assertions: The Making of India's Recognition of Forest Rights Act

Inclusion of marginalized sections and minorities remains one of the most vexing problems for democratic politics. This article discusses the enactment of a recent Indian law, ‘The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Rights) Act, 2006’, as exemplifying the possibilities of inclusion of marginalized groups in democratic processes. The law was enacted in response to a nationwide mobilization of marginalized forest dwellers and their advocates demanding rights over forests. Grassroots‐level formations representing forest dwellers came together across scales and spaces to form a network that successfully negotiated India's democratic politics to achieve the passage of the law. The case illustrates the role of grassroots mobilizations in creating alternate discourses of legitimacy, networking across scales and locations, and using spaces provided by representative democracy to include the voices and demands of the marginalized in democracies.     

Taking Care into Account: Leveraging India's MGNREGA for Women's Empowerment

The potential of India's Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) for women's empowerment is immense. Studies examining gender‐related issues in MGNREGA have attested to the high levels of participation of women on worksites, and their positive experiences of working in MGNREGA. This article argues, however, that an exclusive focus on increased participation of women does not serve an agenda of promoting ‘women's empowerment’. By ignoring the dynamics and processes of unpaid care work, both the making and the implementation of the Act fall short of the goal of women's empowerment. The author argues that this invisibilizing of care arises from the gendered nature of the interactions of formal and informal institutions that have shaped MGNREGA. The article examines the gendered debates during the formulation of the Act and analyses the gendered nature of its implementation. It concludes that a true focus on women's empowerment requires that women's lived experiences are taken into account, especially those relating to their unpaid care responsibilities. MGNREGA's potential for women's empowerment can only be achieved through adequate implementation and monitoring of its gender provisions, which in turn depend on changing the formal and informal institutions that underpin policy processes.     

The Americans with Disabilities Act: will it Make a Difference?

This article summarizes the research on labor market discrimination against persons with disabilities and discusses the implications of that research for the probable success of the Americans with Disabilities Act ( ADA ). The research shows that discrimination reduces the wages of men and women with disabilities relative to nondisabied men and women. The size of discriminatory wage differentials varies with the intensity of prejudice toward particular impairments, suggesting that prejudice is an important problem. Employment rates for persons with disabilities are also substantially lower than employment rates for nondisabied persons, but it is unclear to what extent the lower employment rates are attributable to discrimination. The most important provision of the ADA with respect to employment is its requirement for "reasonable accommodation." The success of the ADA in improving employment rates for disabled persons will be determined by how employers evaluate the costs of accommodating workers with disabilities relative to the costs of noncompliance.     

The Colonial History of the 1905 Aliens Act

The passing of the Aliens Act of 1905 was a defining moment in British immigration law and history. This article investigates the influence of settler-colonial immigration restriction laws on the passing of the Act, and questions the current historiographical inclination to focus solely on the influence of American immigration restriction laws. By analysing the trajectory of contemporary public debates, the evidence given to the Royal Commission on Alien Immigration (1902–03) and the political discussion on various bills, the article shows that the existence of colonial immigration restriction laws played an important role in the formulation and passing of the 1905 Aliens Act. Putting the Act in this larger context highlights its colonial derivation, but also its uniqueness: the British Act's defence of asylum, the exception extended to those landing as political and religious refugees, has no parallel in either early US law or any of the settler-colonial laws.     

Mixed messages & bounded rationality: The perverse consequences of real ID for immigration policy

Policies concerning undocumented immigrants are inevitably ambivalent, creating uncertainty and confusion in the implementation process. We identify a clear example of this ambivalence —U.S. law setting standards for determining the credibility of asylum seekers—that resulted in an increase in asylum grants despite policymakers' intention to make it harder for individuals to obtain the status. We argue that this law, The REAL ID Act of 2005, sent mixed messages to immigration judges (IJs), street-level bureaucrats who implement immigration policy. It increased IJ discretion, but set vague limits. We theorize that IJs, behaving in a bounded rationality framework, use their professional legal training as a short-cut and look primarily to the courts for guidance. Our evidence supports our argument. After the passage of the REAL ID Act, IJ decision-making is more closely aligned with the preferences of their political and legal principals, and, in the final score, the federal circuit courts are the winners.     

Who Pays the Costs of Inflation?

Inflation may be looked upon as a deferred consumption tax which reduces consumer purchasing power through high prices to compensate for earlier excess expansions of credit. A portion of this excess borrowing is by government to finance deficits. The inflation cost may then be compared by family–income class with the alternative income taxes needed to avoid inflation by eliminating the deficits. By this calculation for 1965–75, the inflation cost was highly regressive, with an effective rate of 17 percent on. families below $5,000, and 17 times greater than such families would have had to pay in income taxes. Meantime, the effective inflationary tax rate for wealthy families over $50,000 in income was a bonus, or tax rebate, of one percent.     

Real wage rigidity in regional labor markets in the U.K., the U.S., and West Germany

"This paper examines the extent to which regional differences in wage rigidity exist and can help explain interregional differences in unemployment trends. Phillips-curve models of manufacturing wage inflation are estimated for the 10 largest states in the U.S., the 10 economic regions in the United Kingdom, and the 11 Lande in the Federal Republic of Germany over the 1971 to 1985 period. There is evidence of significant differences in the responsiveness of wage inflation to unemployment and the rate of change in consumer prices across the regions within each country and across the three nations."     

Ideology, Discourse, and the Geography of Hegemony: From Socialist to Neoliberal Development in Postapartheid South Africa

The African National Congress (ANC) has long stood for a development policy committed to improving living conditions for black people in South Africa. Assuming power in 1994, the ANC adopted a leftist, basic-needs-oriented Reconstruction and Development Programme as the popular foundation for its economic policy. Within two years, the ANC had switched to a rightist, neoliberal Growth, Employment and Redistribution policy stressing privatization, deregulation, and trade liberalization. This article critically examines the displacement of economic policy from socialism to neoliberalism. My thesis is that ANC policy was disciplined by a neoliberal economic discourse formulated by an academic-institutional-media complex with linked centers of persuasion inside and outside the country. The article combines ideas about hegemony from Gramsci with notions of discourse derived from Foucault in constructing a geographic theory of globally hegemonic discursive formations colonizing alternative, counterhegemonic discourses.     

Protected areas in Canada: decade of change

The last decade has witnessed more changes in protected area systems in Canada than any other. The area set aside has more than doubled, and almost 7 percent of Canada's ecosystems are now protected compared with 3 percent in 1989. Several high-profile reports have indicated a decline in ecological integrity of protected area systems. Major changes in legislation and policy have followed with a new National Parks Act, National Marine Conservation Areas Act, a Parks Canada Agency Act and a revised national park's policy. The paper describes these major changes and their implications, provides understanding of why they occurred and suggests ongoing challenges facing protected area systems in Canada in the future.     

On Taking from Others: History and Sensibility in Archaeologists’ Arguments for Treasure Trove Legislations

The Indian Treasure Trove Act of 1878 is understood as a landmark legislative victory in the preservation of South Asian material pasts. This paper presents a detailed archival history recounting how archaeologists themselves were crucial to the promulgation of the Act and the authors of its specific provisions. It demonstrates how arguments for the reform of royal prerogative into an instrument for the discipline were born in mid-nineteenth-century British debates, where archaeologists’ attempts for a similar statutory change in property laws had been frustrated. Centuries-long tensions in common law definitions and their governance of treasure are demonstrated to be crucial to how we may better understand the new ‘policy’ of the colonial law and its operation. To do so, the paper reviews select cases and presents an evaluation of the archaeological justice of the rule of this law. It asks why our critical historiography has remained insensible to the victims of this law — archaeology’s counter-publics — who have been routinely incarcerated and punished in the name of the greater archaeological common good. Through these examinations, the paper reflects upon the enduring sensibilities and commitments that are involved in continuing to take treasures from others.     

FLPMA: A Decade of Management Under the ELM Organic Act

This article assesses the impact on public land management policy in the west following a decade's experience under the Federal Land Policy and Management Act (FLPMA). The assessment first describes the political and institutional forces that converged to produce the Bureau of Land Management's (BLM) Organic act and then identifies three major policy innovations found in the Act. In conclusion, the article assesses the impact of these policy innovations of FLPMA on management of the public lands.     

Election Administration Reform and State Choice: Voter Identification Requirements and HAVA

This research examines factors that have influenced state choices about methods of voter identification practices in the current environment of election administration reform. State voter identification practices have been an active area of state policy action since 2000. Rival explanations for state adoption of voter identification requirements are analyzed for three national election cycles following the 2000 presidential election. State voter identification practices are classified according to levels of relative stringency and in terms of variation from federal requirements for voter identification under the Help America Vote Act of 2002. State decisions to adopt more stringent forms of voter identification are significantly influenced by intrastate factors including Republican Party control of state government, traditionalist state political culture, and greater levels of racial/ethnic diversity. Federal review of election practices under the Voting Rights Act is positively associated with more moderate approaches to voter identification but is not significant over this time period.     

BELL,BOOK AND SCANDAL: THE STRUGGLE FOR SCHOOL ATTENDANCE IN A SOUTH CAMBRIDGESHIRE VILLAGE 1880–1890

Abstract

Compulsory elementary education for children up to ten years was introduced by an Act of 1880. The difficulties in implementing it in a rural area during the ten years which followed are examined here by linking data from the school records of the village of Steeple Morden in Cambridgeshire, to those in the 1881 census enumerators’ books. The findings support those of Horn (1990, 1978) but suggest that opposition to the Act may have been underestimated. It would appear that socio-economic conditions in rural areas at that time were such as to make full attendance impossible.