July 6th, 2020

Desert Walk

GOLD RUSH

Historically, the expansion of the American frontier symbolized a unity between political liberty and economic growth, at the same time as it justified the violent expropriation that continues to define the country's racial and distributional politics.

In a 1998 article, environmental historian DONALD J. PISANI analyzes these dynamics through the monopolization of California's mining industry, arguing that legislation enacted during the California Gold Rush shaped the trajectory of property relations in the American West.

From the piece:

"Those who flocked to California at the end of the 1840s carried with them strong ideas about the nature of property, the right of American citizens beyond the pale of law to govern themselves, and the power of American citizens to make their own rules concerning the acquisition and use of public lands—including those containing mineral deposits. Nevertheless, Congress had authorized the sale of lead and copper lands. Would it now authorize the sale of gold-bearing land to the highest bidders? This was the question that faced the U.S. Army in California when gold was discovered in January 1848.

In the late 1840s and early 1850s, free mining provided reasonably equal access to wealth. But during the 1850s, as corporations increasingly dominated mining, the law changed from encouraging economic democracy to protecting capital. Perhaps the best example was the legal permission to "follow the vein." Initially California's mining camp codes limited hardrock miners to part of a vein, often one hundred feet. As early as 1852, however, Nevada County modified its laws to encourage miners to follow a vein downward to any depth and in any direction, even if they tunneled under an adjoining claim. The new laws were designed to protect investors from financial loss when only the tail end of an out cropping was located within their claim. For decades after the golden years of the mining industry had passed, these monopolies enjoyed disproportionate power in the legislature."

Link to the open access article.

  • "War and emancipation brought profound change not only to the lives of enslaved people but also to broader patterns of economic development, forms of governmental activity, and, above all, property relations." Emma Teitelman examines the "transregional wave of land enclosures" that took place during reconstruction. Link. (Stay tuned for Teitelman's forthcoming piece in Phenomenal World.)
  • Paul Gates' History of Public Land Law Development offers a comprehensive account of legislation regulating the use of the public domain. Link.
  • "The claim club or squatters' association has long occupied a place in western history. No historian, however, has fully explored the social interactions in these frontier groups." Allan G. Bogue examines the dynamics within the squatters associations which proliferated across the West in the early 19th century. Link. And Alan Derickson's excellent book tells the history of hardrock miners' self-organized health and welfare programs, which emerged in the following decades. Link.
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June 8th, 2020

The Burning

POLICE UNIONS

As commentators and policymakers have scrambled to find explanations for and responses to the unprecedented uprisings against police brutality across the United States, interest in the role of police unions in local politics has soared. Recent research into the question joins a decades-long debate in the labor movement over the distinctive character of police associations—not only as regards their power relative to the public, but also their political strength relative to the rest of the public sector.

A 2017 research paper by CATHERINE FISK and L. SONG RICHARDSON examines the evolution of US police unions, analyzes their impact on policymaking, and evaluates the efforts of cities to reform police departments over the past fifty years.

From the piece:

"Police officers formed local unions in various cities in the 1940s, and some police unions affiliated with national labor federations. However, well into the 1960s, police departments routinely fired officers who attempted to unionize, and courts upheld the power of cities to ban officers from joining unions. In the absence of legal rights to unionize or bargain collectively, government employee unions became adept at securing their members’ interests through political activity and negotiating informal agreements with public officials. Unions succeeded in gaining a lasting foothold in American police departments in the late 1960s. Not surprisingly, they negotiated for contractual protections against discipline and lobbied legislators to incorporate these protections in legislation. They opposed constitutional criminal procedure restrictions on police conduct and sought to block civilian oversight of police discipline. The legacy of the 1960s is collective bargaining agreements which make it difficult to investigate and punish officers to this day."

Link to the report.

  • "Cities which have low levels of police protections are also less likely to experience police abuse. Local-level politics does not have a salient effect on the level of police protections, but state labour laws have a significant impact on the level of protections which officers receive." Findings from a novel police protection index drawing on data from the US's 100 largest cities. Link. And a 2008 paper by Samuel Walker looks at, among other things, the relationship between the civil rights movement and the growth of police unions. Link.
  • Analyzing the consequences of a 2003 Florida Supreme Court decision which increased unionization among sheriffs' deputies, Dhammika Dharmapala, Richard McAdams, and John Rappaport find that "collective bargaining rights led to a substantial increase in violent incidents." Link.
  • A recent paper by Michael Zoorob looks at the electoral impact of the Fraternal Order of Police. Link.
  • "Until 1919, the AFL refused to charter police unions. The 1897 AFL convention rejected an application from a police group in Cleveland, explaining that 'it is not within the province of the trade union movement to organize policemen, no more than to organize militiamen, as both are often controlled by forces inimical to the labor movement.'" Joseph Slater's 2004 book recounts the tensions between police and the early American labor movement. Link.
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