Federal Prohibition Research Articles

Fire-Water in the Frontier Romance: James Fenimore Cooper and "Indian Nature"

There is something painful in reflection that these people were once numerous, and that by our approach they have been reduced to a few. It is natural that we should feel averse to admission that true causes of their decline are to be found among us. Hence we have sought for seat of disease among them ...(1) Indiana Senator John Tipton, defending before Senate in 1838 an appropriations bill augumenting federal support for those Americans who had recently been removed to Territory, identified one of major features of nineteenth-century Euro-American discussions of intercultural relations in America. Many nineteenth-century Euro-Americans accepted without hesitation distinction between savagism and as an explanation for Americans' perceived inabilities to assimilate neatly into Euro-American society.(2) The concept of savagism was derived from a model of social evolution that situated barbarous Americans below civilized Euro-Americans, characterizing Americans according to their apparent cultural deficits. Nineteenth-century debates concerning interaction between Euro-Americans and Americans thus often focused upon nature; presumed inferiority of nature became a central rationale for continued Euro-American migration westward and consequent dispossession of American lands.(3) Since most nineteenth-century Euro-Americans could conceive of possibilities only of civilization or extinction for Americans, Euro-American visions of Americans' future were often determined in large part by how Americans were perceived to react to Euro-American presence.(4) As Tipton noted, Euro-Americans tended to interpret these reactions more for what they were understood to reveal about nature than what they might suggest about Euro-American society. Some of most durable stereotypes regarding nature have involved alcohol; the drunken has long been a distinct type in Euro-American culture. Alcohol undoubtedly has had a profound impact upon American peoples; in his American Indian Holocaust and Survival, Russell Thornton asserts that many native societies were virtually destroyed by quest for alcohol.(5) Seeking an accurate understanding of American behaviors, modern anthropologists have proposed a variety of theories. Indeed, diversity of plausible explanations has led some anthropologists to conclude that any assumption that there is (or was) such a discrete phenomenon as Native American drinking as opposed to various patterns of among different American communities--patterns which may or may not be related--may very well itself constitute stereotypical thinking.(6) Most nineteenth-century Euro-Americans, however, were not so cautious in their speculations concerning alcohol and Americans. From first years of Euro-American colonization in America, American had been considered such a hazard that numerous laws were passed that sought to curb what became known as Indian liquor trade.(7) An 1832 federal regulation declared that No ardent spirits shall be hereafter introduced, under any pretence, into Indian country, beginning of an official federal prohibition of American that would last until 1952.(8) However, despite strict federal laws reports still proliferated of whiskey traders selling liquor throughout American communities. Euro-American authorities could not effectively enforce laws prohibiting such trade. In fact, beliefs, popular among Euro-Americans, that alcohol was fast destroying Americans and that liquor trade could not effectively be stopped were frequently used to fuel support for removal, most far-reaching federal policy promulgated concerning Americans in first half of nineteenth century. …

Bootlegging Mothers and Drinking Daughters: Gender and Prohibition in Butte, Montana

LATE ONE EVENING IN 1922, AS FEDERAL PROHIBITION OFFICER BEN Holter drove along Nettie Street Butte, Montana, his car broke down. He asked to use a phone at a nearby house, but his attention quickly shifted from the stranded car to demon rum. The woman who answered his knock, Mrs. Maud Vogen, aroused Holter's suspicions when she denied having a phone, although one sat plain view. Holter returned a short time later with two other police officers, and his hunch paid off-they found Mrs. Vogen and another woman tending a twentygallon still and a quantity of whiskey and mash. A few days after Vogen's arrest, police apprehended her husband Andrew, who was living at another address, on the assumption that he had been of the bootleg operation. Subsequent investigation, however, revealed that Maud and Andrew Vogen had not been living together as husband and wife for some time. Maud Vogen was in sole charge of the still, and the woman with her at the time of her arrest was her mother.' In the 1920s, Butte women made, sold, and drank liquor unprecedented fashion. Decades later, a Butte woman recalled the many evenings she donned her flapper finery and headed to the dance halls where she and her friends shimmied to jazz tunes and slipped outside to share a pint of moonshine. In 1929, a Butte judge, Dan Shea, proposed a city ordinance calling for police matrons all the city's dance halls; his action was prompted by the number of women carrying whiskey flasks into the popular nightspots.2

What Every School Administrator Should Know about Equal Employment Opportunity Legislation

Managers unfamiliar with both the basic provisions of equal employment opportunity (EEO) legislation and subsequent interpretations by the courts could find themselves entangled in endless difficulties. School administrators who nowadays are perceived as management specialists do not escape this predicament. The following information should help them avoid some of the obvious pitfalls. As the federal government's leading EEO law enforcement agency, the Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, which was amended in 1972 to prohibit employment discrimination based on race, color, religion, sex, or national origin. The EEOC also enforces the Equal Pay Act (EPA) of 1963, the Age Discrimination in Employment Act (ADEA) of 1967, and federal prohibitions against discrimination against disabled persons. Title IX of the Education Amendments of 1972 eliminates a former exemption for educational institutions, thus bringing teachers and professional and nonprofessional staff members within the act's coverage.

Making sense of referral fee statutes.

State and federal prohibitions of referral fees have long plagued the health care sector because their broadly worded provisions threaten established and socially valuable business arrangements. Congress has recently instructed the Department of Health and Human Services to issue regulations that clarify the scope of the most threatening of these prohibitions, the Medicare and Medicaid felony referral fee statute. This article examines three possible analytical models for imposing a limiting construction on referral fee statutes by testing the models against three beneficial practices that the statute jeopardizes: physician recruitment, fee discounting, and efficiency bonuses. The article recommends primary reliance on an earned/unearned analysis that detects a prohibited referral fee by asking whether the fee is fully earned by legitimate, nonreferral services.

Regulation, Competition, and Technology: The Restructuring of the US Commercial Banking System

The impact on the US commercial banking system of government regulation, of increased competition from other financial services sectors, and of new technology is examined in this paper. The banking industry is responding by creating the semblance of an interstate banking system through merger and acquisition. Multibank holding companies have forged regional banking organisations despite federal prohibitions. A model of the bank merger process is presented. In the spatial context, the possible consequences of this merger process include reduction in the number of banks and branch offices, migration of banking functions up the urban hierarchy, and outflow of funds from small cities and rural areas towards regionally important cities and the international market.

Minorities and Women in State and Local Government: 1973–1980

The 1972 Equal Employment Opportunity Act extended federal prohibitions against discrimination in hiring, firing, promotion, compensation, and other conditions of employment to state and local governments. This research examines the increase in the number of women and minorities employed by state and local governments between 1973 and 1980. It also examines the increase in the salaries of minorities and women during the same period. The total number of minorities and women in state and local government increased by 20 percent during this period. Most of this increase resulted from the hiring of women, particularly white women. Although the salaries of minorities and women increased more than 50 percent, the salaries of white males increased similarly. The salary gap between white males and minorities and women was not decreased significantly.

Legal Status of Marijuana

To the Editor.— The American Medical Association's Council on Scientific Affairs should be commended for its report, Marijuana: Its Health Hazards and Therapeutic Potential (1981;246:1823). Not only does the report outline evidence of marijuana's potential harms, but it distinguishes this concern from the legitimate issue of marijuana's important medical benefits. All too often the hysteria that attends public debate over marijuana's social abuse compromises a clear appreciation for this critical distinction. Since 1978, 32 states have abandoned the federal prohibition to recognize legislatively marijuana's important medical properties. Federal law, however, continues to define marijuana as a drug with no accepted medical use, and federal agencies continue to prohibit physician-patient access to marijuana. This outdated federal prohibition is corrupting the intent of the state laws and depriving thousands of glaucoma and cancer patients of the medical care promised them by their state legislatures. On Sept 16, 1981, Representative Stewart McKinney and

Minorities and Women in State and Local Government: 1973-1975

W ith the passage of the Equal Employment Opportunity (EEO) Act in 1972, federal prohibitions against discrimination in hiring, firing, promotion, compensation, and other conditions of employment were extended for the first time to state and local governments. Since then, precisely what is entailed by equal employment opportunity and the related (if even more controversial) policy of affirmative action has become the focus of heated debate. Nevertheless, the Equal Employment Opportunity Commission (EEOC), the federal agency that monitors and enforces the implementation of the 1972 act, has left little room for doubt about what it expects of state and local governments. Employers are advised that:

Commitment to the union: Development of a measure and an examination of its correlates.

The purpose of this article is to describe the development of a criterion for union commitment. Factor analysis is used to identify the statistical structure of the construct, and correlational data is employed to provide evidence of the construct validity of the dimensions identified. A questionnaire comprised of items measuring attitudes toward unions, union commitment, participation in the union, socialization influences, demographic and employment characteristics, and satisfaction with the job, company, and union was completed by 1,377 members of four locals of an international union. Respondents were white-collar, nonprofessional employees of a utility company whose union activities were curtailed by right-to-work laws and federal prohibitions against striking. Minres factor analysis with varimax rotation produced four interpretable dimensions: Union Loyalty (39% of common variance), Responsibility to the Union (19%), Willingness to Work for the Union (17%), and Belief in Unionism (13%). Socialization experiences were the best predictors of Union Loyalty and Belief in Unionism, and reports of past and present union activity were the strongest correlates of the remaining factors. All of the satisfaction variables displayed significant positive correlations with Union Loyalty but were negatively correlated or unrelated to the other three commitment factors. The implications of this work are discussed from the standpoints of future development of the union commitment criterion, relationship to previous information regarding organizational commitment, the stewardship of unions, and the application of industrial-organizational psychology to union human resource problems.

FEDERAL RESTRICTIONS ON STATE TAXATION OF MILITARY PAY REVISITED: A NOTE ON TAX AVOIDANCE THROUGH DOMICILE SHIFTING FOLLOWING REMOVAL OF THE WITHHOLDING PROHIBITION

As part of the Tax Reform Act of 1976, Congress ended the federal prohibition against withholding of state income taxes from military pay. This change promises improved tax compliance and administration.But because the domicile-only jurisdictional rule imposed on the states for taxation of military pay was not also ended, the advent of withholding has prompted many military personnel to change their domiciles to states not taxing military pay. The jurisdictional rule should be changed to remove this avenue of tax avoidance and to improve the equity of state income taxes in other respects.

Corporations and Labor Unions in Electoral Politics

Federal prohibitions of corporate and union con tributions have been motivated by two objectives: to reduce or eliminate domination of the electoral process by business and labor through their aggregated wealth; and to protect stock- holders and union members from having their organizations' funds used for political purposes of which they do not approve. Federal regulations have been largely ineffective in prevent ing corporate and union monies from reaching political candi dates and parties both legally and illegally. Recent develop ments, including passage of the Federal Election Campaign Act of 1971 as amended in 1974, important decisions by the Supreme Court since 1972, and rulings by the Federal Elec tion Commission, have widened the area of legal campaign- related activities in which corporations and labor organizations can engage, particularly through political action committees. The liberalization of previous restrictions, together with more rigorous and effective electoral disclosure requirements, and widespread public suspicion concerning the political activities of "special interests" make it likely that business corporations and labor unions will be quite circumspect in their election involvements during 1976. However, several legal and polit ical issues which could affect corporate and union campaign activities in 1976 and beyond remain unresolved.

The Federal Prohibition of Marihuana

Journal Article The Federal Prohibition of Marihuana Get access Michael Schaller Michael Schaller Search for other works by this author on: Oxford Academic Google Scholar Journal of Social History, Volume 4, Issue 1, Fall 1970, Pages 61–74, https://doi.org/10.1353/jsh/4.1.61 Published: 01 October 1970

Federal Regulation and Prohibition of Trade with Iron Curtain Countries

American federal regulation and prohibition of trade with Iron Curtain countries can be discussed from many angles. There is the historical approach-how our present levels of trade restriction came about. There is the economic analysis-how efficacious these controls have been to accomplish whatever economic objectives they were or are thought to serve. There is the political assessment involving international politics-how the expansion, or maintenance, or contraction of trade regulation has served or serves our international political objectives of creating and maintaining the cohesion of the West against efforts in the East to frustrate a world striving to develop in diverse ways. There is the political assessment involving domestic politics-how the creation, expansion, maintenance, and contraction of trade regulation by the Administration in power is related to efforts by the political party out of power to make domestic political capital out of the level of trade regulation with Communist or Communist-dominated countries. And, finally, there is the military analysis-how does trade regulation in fact affect the military potential of putative enemies. A truly adequate analysis of our regulation of trade with Iron Curtain countries would need to include and to combine all these approaches. Obviously this task is beyond the scope of this paper if something more than a series of declaratory propositions of doubtful utility were desired, wholly apart from problems of competence to perform it. I propose instead to undertake a somewhat more manageable task, though one which may nonetheless be of some interest and importance. I should like to outline briefly the existing levels of our restrictions on trade with Iron Curtain countries; to indicate the extent to which they differ from those of our allies and friends in the West; to point out the extent to which our restrictions are imposed by Act of Congress or are merely authorized by Congress and thus can be changed by an administration without formal congressional participation; and finally, to indulge in some mild guesses as to future levels of our regulation of trade with Iron Curtain countries in view of the circumstances thus disclosed, and the fact that there has been on foot for some time progressive relaxation of trade restrictions which appears highly likely to continue.'

Builder of FHA Housing Held Barred from Discriminating against Purchasers on Basis of Race: Possible Sources of Federal Prohibition and Bases for Cause of Action

Builder of FHA Housing Held Barred from Discriminating against Purchasers on Basis of Race: Possible Sources of Federal Prohibition and Bases for Cause of Action

Constitutional Law: Delegation of Legislative Powers: Adoption by State of Federal Prohibition Laws

Constitutional Law: Delegation of Legislative Powers: Adoption by State of Federal Prohibition Laws

Delegation of Legislative Power: Adoption by State of Federal Prohibition Laws

Delegation of Legislative Power: Adoption by State of Federal Prohibition Laws