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Dimensions of Culture Program

Winter Quarter 2016


http://marshall.ucsd.edu/doc/doc2

revised 12/31/15

SYLLABUS
DOC 2: Justice
Dr. Mark HENDRICKSON
Lecture A: MWF 10:00-10:50 in Solis Hal1 107
DOC Office: Sequoyah Hall 132
Email: docinfo@ucsd.edu
Please bring letters from the Athletics Dept. or
the Office for Students with Disabilities to Sue.

Dr. Hendricksons Office:


Humanities & Social Sciences Bldg. 4008 (Muir)
Office Hours: Monday and Wednesday 12-1 p.m.
and by appointment
ghendrickson@ucsd.edu

Course Overview:
What is justice? Each of us confronts this question often in our daily lives. How should we live our own
lives? How should we treat other people? Are there certain principles of justice, fundamental values, we can all
agree upon? Or is justice simply a matter of individual, subjective opinions? How have conceptions of
justicepolitical, economic, and socialchanged over the course of American history?
In building on the concepts and topics introduced during DOC 1, DOC 2: Justice is designed to
introduce students to more specific features and debates within American politics, law, and society. As with
DOC 1, the course focuses on the tensions between the founding American promise of liberty and justice for
all and its imperfect realization in various historical settings. This course uses both contemporary and historical
materials to help you think deeply and critically about some of the central problems of justice in American
society, both in the past and at present.
Central themes are: the ideological conception of law, politics, and justice embedded in the founding
principles of the American experiment; the blind spots and contradictions that arose when these ideologies were
put into practice; the grassroots social movements and methods through which various groups have contested
and demanded justice (and the relative success or failure of these methods); the role of government, the courts,
and the people themselves in bringing about political, social and cultural change; and the extent that the
American promise of equality is becoming more or less realized in the 21st century.

Required Texts and Readings:


2016 DOC 2 Hendrickson Coursepack This custom text must be purchased exclusively from the
publishers website: http://universityreaders.com (click on Students Buy Here on the right side of the
page).
Some readings will be posted on TritonEd (tritoned.ucsd.edu) and/or Electronic Reserves via the
UCSD Library
i>clicker2 to be purchased from the UCSD Bookstore in the Price Center. This will enable you to
join in class discussions and earn course points on quizzes and lecture participation. I will explain in
class how to register your i>clicker.
Purdue Universitys Online Writing Lab (OWL) http://owl.english.purdue.edu/owl/
University e-mail messages Official communications from the DOC office and me will be sent to
enrolled students @ucsd.edu e-mail addresses. Students are responsible for checking their inboxes
regularly and reading these messages promptly.
Classroom Etiquette: Because the use of computers and other electronic devices can be disruptive in class,
you should bring paper and pens to take notes. Laptops, cell phones, iPods, tablets, etc., may not be used in my
DOC 2 lecture. Please arrive at class on time, and do not leave before the end of the session.

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Writing Assignments: The writing assignments this quarter build on the fundamentals of critical reading and
analysis introduced in DOC 1: reading actively; analyzing key points in an argument; analyzing ideological
intersections at work in a text; applying key concepts learned in the course; and using relevant course lectures
and readings to place primary texts in their historical and cultural contexts.
The purpose of DOC 2 is to enable undergraduate students, through rigorous practice, to critically read
and write academic arguments. Students who successfully complete DOC 2 writing assignments will be able to:
1) Practice all aspects of the writing process, including outlining, drafting, editing, and revising; 2) Argue and
defend a claim that is informed by multiple sources; 3) Select and use evidence in clear and effective ways; 4)
Analyze evidence effectively using key terms and concepts; 5) Explain the significance of an argument; 6) Use
various kinds of feedback to revise papers effectively; and 7) Cite sources effectively using MLA format.
Grade Breakdown:

Paper 1............... 30%


Paper 2........................... 30%
Final Exam......................................................... 20%
Lecture i>clicker Quizzes.............................................. 5%
Lecture i>clicker Participation....................................... 5%
Section Assignments and Participation ..... 5%
Section Attendance........................................................ 5%

Maintaining Academic Integrity: While DOC strongly encourages intellectual cooperation and discussion, all
material submitted for a grade must represent your own work. Proper citation of others work is required. The
rules for incorporating MLA documentation can be found on OWL: http://owl.english.purdue.edu/
owl/resource/747/01/. Suspicions of academic misconduct and plagiarism will be investigated, and verified
cases will be reported to the Academic Integrity Office according to university policy. A finding of plagiarism
will result in an F grade for that assignment. See http://academicintegrity.ucsd.edu/ for more information on
the UCSD policies regarding academic integrity and plagiarism. Students agree that by taking this course all
required papers will be subject to submission for textual similarity review to Turnitin for the detection of
plagiarism. All submitted papers will be included as source documents in the Turnitin.com reference database
solely for the purpose of detecting plagiarism of such papers. Use of the Turnitin service is subject to the terms
of use agreement posted on the Turnitin.com site.
Section Attendance and Participation Policy: Attendance and participation are required at all discussion
sections, starting January 5 or 6. In order to earn the highest Section Participation score, you must complete the
corresponding readings prior to each class and be ready to discuss them and/or ask questions. Listen to others,
and show respect for people, ideas, and perspectives with which you may disagree. If you are absent from
discussion section more than three times, for any reason (e.g., an emergency or illness), 5% of your course
grade will be a zero. There are no excused absences, so if you dont want to be penalized you should not miss
four or more discussion sections. Your Teaching Assistant will explain his/her Section Assignments in class.

SCHEDULE OF LECTURES & READINGS


Readings preceded by a number below can be found in Dr. Hendricksons 2016 DOC 2 Coursepack.
See the Table of Contents at the beginning of the book for the page numbers.
Lecture #1: Course Introduction
Lecture #2: Justice and American Government: An Introduction
We begin the class with a short review of the American system of governance and its origins. Historian Eric
Foner walks us through the process by which the Articles of Confederationthe original document governing
the nationgave way to demands in some corners for a more centralized and powerful national government.
TritonEd. Eric Foner, Excerpts from Founding a Nation, 1783-1791

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Part I: The Right to Vote


Lecture #3: Voting and the Antebellum Period
Today we begin a five-lecture series deliberating on the history of the right to vote. In todays reading, historian
Alexander Keyssar takes us back to the founding of the United States. Keyssar helps us to understand that
conflict over the right to vote is nothing new to the American political system.
TritonEd. Alexander Keyssar, The Road to Partial Democracy: In the Beginning (2000)
Lecture #4: The Struggle for the Right to Vote in Reconstruction
During the Reconstruction period (roughly 1863-1877), the suffrage issue reemerged as a national concern.
Todays readings outline how congress in the wake of the Civil War moved in unprecedented ways to protect
the right of black men to vote, but they also demonstrate the unsuccessful effort of Susan B. Anthony and others
to expand the suffrage to include women. Chandler Davidson gives us an outline of the narrative that unfolded
around African American suffrage. The speech by African American congressman Richard Harvey Cain (R-SC)
outlines the demands for justice made by black Americans in the Reconstruction period. The Susan B. Anthony
and Elizabeth Cady Stanton documents provide us with a sense of the case made by advocates for the female
suffrage in the nineteenth century period.
2. [p. 3-6] Chandler Davidson, Excerpts from The Voting Rights Act: A Brief History (1992)
3. Richard Harvey Cain, A Black Congressman Demands Equal Rights (1875)
4. Selection, Chapter 5: Womens Rights, Elizabeth Cady Stanton, Declaration of Sentiments (1848)
5. Susan B. Anthony and Her Speech, Is It a Crime for a U.S. Citizen to Vote?
Lecture #5: Disenfranchisement
Many southern whites were appalled at the notion of black men voting and participating fully in American civic
and economic life. The Hernandes testimony before Congress gives us a sense of what southern, white
resistance looked like on the ground. We return to the Davidson article in order to make sense of the history of
disenfranchisement and the ensuing effort to regain the franchise.
2. [p. 6-9] Chandler Davidson, Excerpts from The Voting Rights Act: A Brief History (1992)
6. Harriet Hernandes, Testimony Against the Ku Klux Klan (1871)
Lecture #6: Selma and the Voting Rights Act of 1965
The long struggle for the African American vote came to a head in the early spring of 1965 on a bridge in
Selma, Alabama, and in the halls of congress. Davidson walks us through the events, and the LBJ excerpt
provides us with an opportunity to see how President Lyndon B. Johnson lent his support to this critical phase in
the civil rights struggle. Writing from a Birmingham jail, the reverend Dr. Martin Luther King Jr. responds to
eight white clergymen who had argued that the civil rights activism was unwise and untimely.
2. [p. 10-17] Chandler Davidson, Excerpts from The Voting Rights Act: A Brief History (1992)
7. Lyndon B. Johnson, The American Promise: Special Message to the Congress (1965)
8. Martin Luther King, Jr. Letter from a Birmingham Jail
Lecture #7: The Voting Rights Act: From the goddamnedest toughest voting bill to the Shelby decision
LBJ signed the Voting Rights Act in 1965, but the story does not end there. Today, we return to Davidson one
last time to see how the law was implemented. The Supreme Courts Shelby County v. Holder decision and the
New York Times article outline recent changes to the law. If the Keyssar piece that we started with argued that
the struggle over the suffrage had deep roots in American history, Shelby makes clear that the struggle over the
franchise is a very contemporary and contested concern.
2. [p. 17-26] Chandler Davidson, Excerpts from The Voting Rights Act: A Brief History (1992)
9. Excerpt from Shelby County v. Holder
10. New York Times, Supreme Court Invalidates Key Part of Voting Rights Act (2013)

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Part II: Rights, Justice and Freedom of Contract in Industrial America


Lecture #8: A Very Different Age: American Labor and Economic Citizenship at the turn of the (last)
century
Today we begin another five-lecture series. This time we will examine how Americans went about trying to
promote a just society in the face of dramatic economic changes. In this unit, we will focus our attention on the
period from the Progressive Era (roughly the first two decades of the twentieth century) to the Great Depression
and New Deal Era (1930s). We begin with a short excerpt (one paragraph) from Adam Smiths enormously
influential Wealth of Nations. Take a look at this excerpt before reading the longer piece by historian Nell Irvin
Painter, who describes major changes underway in the American economy and society. In a 1912 campaign
address, future President Woodrow Wilson attempts to explain the nature and significance of these changes.
What would Smith (remember he wrote in 1776) say about the early twentieth century world described by
Wilson and Painter?
11. Adam Smith, Excerpt from The Wealth of Nations Book I, Chapter XI, Of the Rent of Land:
Conclusion (1776)
12. Nell Irvin Painter, Standing at Armageddon: A Grassroots History of the Progressive Era
13. Woodrow Wilson, Selection from A Very Different Age
Lecture #9: The Triangle Fire
Until September 11, 2001, the Triangle Fire stood as the most deadly workplace disaster in the history of New
York City. The Chicago Daily Tribune piece provides evidence of public outrage over the injustice done to the
young women even years after the event. In lecture, we will learn more about the tragedy and its consequences.
14. What the Grave Covers, Chicago Daily Tribune (September 30, 1913)
Lecture #10: Labor and the Court: From Lochner to Adkins
The Triangle Fire took place at a moment when the American judicial system worked to sort out whether or not
the government could intervene in the relationship between labor and capital. Through an examination of three
crucial Supreme Court decisions, todays readings walk us through some of the twists and turns in the Supreme
Courts thinking concerning what policymakers could do to protect various groups of workers.
15. Excerpt from Lochner v. New York, 198 U.S. 45 (1905)
16. Excerpt from Muller v. Oregon, 208 U.S. 412 (1908)
17. Excerpt from Adkins v. Childrens Hospital, 261 U.S. 525 (1923)
Lecture #11: Labor, the Individual, and the State in the Great Depression
If the Adkins decision seemed to settle the issue of what the government could do to protect the rights and
liberties of American workers, the calamity that was the Great Depression reshuffled the deck. Presidents sign
acts of congress into law, but as we saw in Selma and in the wake of the Triangle Fire, often the demands for
justice percolate up from the streets. In todays readings, Walton and Rockoff give us a broad sweep of the
dimensions of the Great Depression. As the crisis deepened, Americans turned to the federal governmentand
specifically President Franklin Delano Roosevelt and First Lady Eleanor Rooseveltfor support. In all, the
Roosevelt administration received some 15 million letters from Americans in need; we will take a look at six of
them. What do they tell us about the costs of the Great Depression and what Americans were coming to expect
of their government?
18. Gary M. Walton and Hugh Rockoff, Dimensions of the Depression (2014)
19. Robert S. McElvaine, ed., Excerpts from Down and Out in the Great Depression: Letters from the
Forgotten Man
Lecture #12: A Countervailing Power
The devastation brought on by the Great Depression led to dramatic changes in the relationship between the
American people and their government. A wide segment of the American people agreed with President
Roosevelt when he said, The liberty of a democracy is not safe if the people tolerate the growth of private
power to a point where it becomes stronger than the democratic state itself. That in its essence is fascism:
ownership of government by an individual, by a group, or any controlling private power. The ways in which
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the FDR administration intervened in the interest of liberty, stability, and/or justice can be seen in historian
Richard Polenbergs crisp overview of some of the more important changes brought on by the New Deal. The
West Coast Hotel and U.S. v. Darby excerpts take us back to the Supreme Courtremember we last
encountered the Court in the Adkins decisionwhere we also see major changes underway. Of course, not
everyone agreed with Roosevelt and supporters of the New Deal. In ways that anticipated some of the arguments
we will encounter later in the quarter, former President Herbert Hoover warned that the regimentation of the
New Deal made the government the master of peoples souls and thoughts.
TritonEd. Richard Polenberg, The New Deal, 1933-1936 (2000)
20. Excerpt from West Coast Hotel v. Parrish, 300 U.S. 379 (1937)
21. Excerpt from United States v. Darby Lumber Co. (1941)

Part III: Gatekeeping and Immigration


Lecture #13: Gatekeeping: The Chinese Exclusion Act
Today, we enter into a four-lecture series aimed at helping us to make sense of one of the more important issues
facing Americans today: immigration. Over the next four meetings we will interrogate this issue through an
examination of four key hinge points in the long history of immigration policy, namely the 1882 Chinese
Exclusion Act; the national origins system created by Congress in the 1920s; the rise and fall of the Bracero
Program; and the Immigration Act of 1965. Historian Erika Lee starts us off with an examination of the Chinese
Exclusion Act and its consequences. Among other things, Lee introduces us to the concept of gatekeeping,
which we will use throughout this unit.
22. [p. 105-116] Erika Lee, The Chinese Exclusion Example: Race, Immigration and American
Gatekeeping (2002)
Lecture #14: Closing the Gates in the New Era
Immigration as an issue receded somewhat in the World War I era (1914-1919) when immigration rates
tumbled, but it came roaring back in the early 1920s as immigration rates built to a level close to their pre-war
rates. Many Americans demanded that the federal government do something. Today, through an examination of
immigration reforms adopted in the 1920s, we build on some of the themes and issues identified in Erika Lees
article. Mae M. Ngai picks up the history of immigration policy in the 1920s and describes, among other things,
the significance of the 1924 Immigration Act. The Asiatic Exclusion League piece gives us a sense of sources of
support for immigration restriction. The Supreme Court decisionThind v. United States (1923)provides
insight into the Supreme Courts racial logic in the 1920s. Note that Ngai deals with the Thind case toward the
end of the piece on the 1924 Immigration Act.
23. Mai Ngai, A Reexamination of the Immigration Act of 1924
24. Asiatic Exclusion League, Asians Cannot be Assimilated (1911)
25. Excerpt from Thind v. United States, 261 U.S. 204 (1923)
Lecture #15: Gatekeeping and the Guest Worker: The Bracero Program as a Case Study
In the immigration debate today, employers in Silicon Valley and in the agricultural industry are among those
who advocate for an expanded guest worker program. In this lecture, we will use the Bracero program (19421964) as a means of exploring some of the implications for guest worker programs. Lori Flores provides us with
an analysis of a critical and tragic event that helped force the end of the program.
TritonEd: Lori A. Flores, A Town Full of Dead Mexicans: The Salinas Valley Bracero Tragedy of
1963, the End of the Bracero Program, and the Evolution of Californias Chicano Movement
Lecture #16: Gatekeeping, the 1965 Immigration Act, and its Consequences
The 1965 Immigration Act largely repealed the national origins system put in place in the 1920s. Historian Otis
L. Graham, Jr., provides us with an overview of the Act and its significance. Graham is a highly regarded
historian of immigration and one who has often advocated publically for a limiting of immigration. LBJs
October 3, 1965 address at the foot of the Statue of Liberty demonstrates that many supporters of immigration
reform saw it as a means of remedying old injustices. Senator Robert Byrds speech before the US Senate
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provides us with a dissenting opinion.


26. Otis L. Graham, Jr., A Vast Social Experiment: The Immigration Act of 1965 (2005)
27. Lyndon B. Johnson, Excerpt from Remarks at the Signing of the Immigration Bill (10/03/65)
28. Robert Byrd, Excerpt from Congressional Record Senate (9/14/65)

Part IV: Balancing Security versus Liberty in American Society


Lecture #17: Red Scare and the 1920s
In 1798, future President James Madison wrote to the current occupant in the White House, Thomas Jefferson,
Perhaps it is a universal truth that the loss of liberty at home is to be charged to provisions against danger real
or pretended from abroad. In this three lecture series, we consider the relevance of Madisons warning in three
different contextsthe WWI era, the Second Red Scare following WWII, and the post September 11th era.
We begin today with the WWI era when American society seemed to be on the brink of unraveling. Historian
John Mack Faragher provides us with an overview of the period. We learn that during WWI, Congress passed
the Espionage and the Sedition Actsboth meant to curtail criticism of the government at a time of war. The
excerpt from the Supreme Courts decision in Schneck v. United States (1919) demonstrates the Supreme
Courts support for severe wartime restrictions on free speech. Looking ahead to the post-WWI Red Scare, U.
S. Attorney General Mitchell Palmer warns that Communism poses an imminent threat to the American way of
life.
29. John Mack Faragher et al., ed., Repression and Reaction and Red Scare (2012)
30. Excerpt, Schneck v. United States (1919)
31. A. Mitchell Palmer, Excerpt from The Case Against the Reds (1920)
Lecture #18: The Security State and the Cold War
During the Cold War, Madisons warningthat real or perceived threats from abroad may lead to curbs on
liberty at homegained new relevance. Faragher again provides us with an overview of the period, this time
with a focus on the ways in which the US government extended its reach in the interest of suppressing dissent
and promoting security. The McCarthy document (referenced in the Faragher piece) provides evidence of this
change. Todays final document is an excerpt from Dwight D. Eisenhowers Farewell Address in 1961. As you
read this last piece, try to identify Eisenhowers concerns. Do they echo in any way Madisons?
32. John Mack Faragher et al., ed., The Cold War at Home (2012)
33. Joseph McCarthy, Speech in West Virginia (1950)
34. Dwight D. Eisenhower, Farewell Address (1961)
Lecture #19: Since 9-11
Supreme Court Justice Louis Brandeis argued: Experience should teach us to be most on our guard to protect
liberty when the Governments purposes are beneficent. .The greatest dangers to liberty lurk in insidious
encroachment by men of zeal, well-meaning but without understanding. The events of September 11, 2001,
guaranteed renewed attention to the issue of state power in a time of crisis. Todays reading considers a case
that came before the court in 2010 concerning Ralph D. Fertig.
35. Adam Liptak, Right to Free Speech Collides with Fight Against Terror, NYT, 10 February 2010
36. Cog of Justice, Los Angeles Times

Part V: Reproductive Rights in Modern America


Lecture #20: Beyond Reproduction
Today we begin a three-lecture series examining the issue of reproductive rights in the twentieth century and
beyond. Historians John DEmilio and Estelle Freedman get us started with an examination of changes in mores
in American society rooted in the 1920s. How do questions about the freedom of choice in this period reflect
historical and contemporary debates about traditional gender roles and intersections with race and class
inequities? The short document from Robert and Helen Lynds Middletown (published originally in 1924)
provides insight into the rapid changes underway in the 1920s. Do the Lynds welcome the changes they
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observe? Do they have any reservations?


37. [p. 183-192] John DEmilio and Estelle B. Freedman, excerpts from Intimate Matters: A History of
Sexuality in America (1988)
38. Robert Lynd, The Automobile Comes to Middletown
Lecture #21: Privacy, Self Determination, and Reproductive Rights in the 1970s
Today we build further on DEmilio and Freedmans analysis, but now moving squarely into the 1970s and the
Supreme Courts 1973 Roe v. Wade decision. Kerber and DeHart provide us with a mix of historical context and
excerpts from the majority and dissenting opinions in Roe.
37. [p. 192-199] John DEmilio and Estelle B. Freedman, excerpts from Intimate Matters: A History of
Sexuality in America (1988)
39. [p.86-89] Linda Kerber and Jane DeHart, ed., Roe v. Wade 1973 (2011)
Lecture #22: Rights and Access: Contesting the Right to Choose Since Roe
Today we continue with our examination of the history of reproductive rights, with a particular emphasis on
recent controversies over access to birth control. How do more recent debates compare to what DEmilio and
Freedman described in the previous reading?
40. Russell Shorto, excerpts from Contra-Contraception New York Times (May 7, 2006)
41. Excerpts from the Supreme Courts Hobby Lobby Ruling USA Today (June 30, 2014)

Part VI: Justice, the Conservative Movement, and the Rise (and fall?) of the Market
Lecture #23: The Rebuilding of a Conservative Movement
In this three-lecture section, we turn our attention to the emergence of a political coalition that embraced anticommunism, deregulation, and a diminished welfare state. Rather than looking to enhance the role of the state in
pursuit of social justice as New Dealers and Civil Rights activists had, this emerging conservative movement
came to argue for greater reliance on the market as a means of advancing the cause of individual freedom.
Historians Ronald Story and Bruce Laurie describe how this movement came to dominate American politics.
We begin today with some background from Story and Laurie on the state of the conservative movement in
wake of the New Deal. We often think of the 1960s as a period of activism on the left, but the Young Americans
for Freedom document helps us to understand youth organizations on the right. In lecture, we will see an excerpt
from Ronald Reagans A Time for Choosing speech, which would be identified by a generation of
conservatives as, simply, The Speech.
42. [p. 233-237] Ronald Story and Bruce Laurie, The Making of a Movement (2008)
43. Young Americans For Freedom, The Sharon Statement, 1960
Lecture #24: Expanding the Base
In todays excerpt from Story and Laurie, we see the continued building of the conservative movement and
coalition, but we also see a breakup of the New Deal coalition. This latter phenomenon shook loose groups of
voters who had been aligned with the Democratic Party going back to the New Deal. The Powell Memo helps us
to understand that conservative movement leaders recognized that while votes and money were critical to the
movements success, so too were ideas.
42. [p. 238-242] Ronald Story and Bruce Laurie, The Making of a Movement (2008)
44. Lewis F. Powell, Jr., Confidential Memorandum: Attack on American Free Enterprise
System(1971)
Lecture #25: The Return of the Market: The Case of Housing and Finance
In the last quarter of the twentieth century, politicians on both sides of the aisle (that is both Democrats and
Republicans) increasingly embraced the idea that, as President Clinton articulated it in his 1996 State of the
Union Address, the era of big government is over. Rather than big government, many policymakers embraced
a greater reliance on the free market and deregulation. We only have one short reading for today, but it is dense.
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As many of you are certainly aware, many Americans suffered greatly in the wake of the recent collapse of the
housing market. Today we will look at the relationship between deregulation and the financial crisis that began
in 2007 and 2008.
42. [p.242-249] Ronald Story and Bruce Laurie, The Making of a Movement (2008)
45. The Economist, The Origins of the Financial Crisis: A Crash Course (2013)

Part VII: Income & Wealth Inequality: From the Great Compression to the Second Gilded Age

In our final three meetings, we confront one of the most important social and economic justice issues facing the
United States todaygrowing income and wealth inequality. The above figure depicts trends in income
inequality going back to 1917. The Krugman and Ehrenreich pieces assigned for Monday and Wednesday help
us to understand the trends depicted in this figure as well as what brought these trends about. Raghuram Rajan
will provide insight into long-term trends underway and their implications.
Lecture #26: The Great Compression
TritonEd: Paul Krugman, The Great Compression (2007)
Lecture #27: The Second Gilded Age
TritonEd: Barbara Ehrenreich, Serving in Florida (2001)
Lecture #28: Fault lines and the state of the union
Prior to class, please listen to this interview with University of Chicago economist and former chief economist
for International Monetary Fund Raghuram G. Rajan, author of Fault Lines: How Hidden Fractures Still
Threaten the World Economy (Princeton: Princeton University Press, 2010).There is a link to this interview
posted on TritonEd as well. http://www.npr.org/blogs/money/2011/01/28/128089847/deep-read-let-them-eatcredit

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