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While Waiting For Rain: Community, Economy, And Law In A Time Of Change, John Henry Schlegel Nov 2022

While Waiting For Rain: Community, Economy, And Law In A Time Of Change, John Henry Schlegel

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What might a sensible community choose to do if its economy has fallen apart and becoming a ghost town is not an acceptable option? Unfortunately, answers to this question have long been measured against an implicit standard: the postwar economy of the 1950s. After showing why that economy provides an implausible standard—made possible by the lack of economic competition from the European and Asian countries, winners or losers, touched by the war—John Henry Schlegel attempts to answer the question of what to do.

While Waiting for Rain first examines the economic history of the United States as well as that …


. . . And Law?, John Henry Schlegel Dec 2017

. . . And Law?, John Henry Schlegel

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Published as Chapter 18 in Searching for Contemporary Legal Thought, Justin Desautels-Stein & Christopher Tomlins, eds.

The locution “law and . . . (some other discipline)” implicitly asserts the primacy of legal doctrine and institutions narrowly conceived for coming to understand phenomena in which law takes a part. The ordinary story of American legal theory – formalism then realism then contemporary legal thought – can be understood to repeat the triumphalism implicit in “law and . . .” Of course, the story of American legal theory could possibly be read differently -- as a series of responses to the inability …


Law And Economic Change During The Short Twentieth Century, John Henry Schlegel Jan 2008

Law And Economic Change During The Short Twentieth Century, John Henry Schlegel

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Published as Chapter 16 in Cambridge History of Law in America, Volume 3: The Twentieth Century and After (1920–), Michael Grossberg & Christopher Tomlins, eds.

The brief recounting of the American economy in the twenties and thirties raises obvious questions about law and economic change. Economic change is the shift from one enacted, in both senses, understanding of economic life to another, in the case of the short twentieth century, from an associationalist economy to an impatient economy. This chapter explicates this economic change, and interrogates it in order to understand the role of law in its occurrence. Despite the …