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Flemming v. Nestor: Anticommunism, the Welfare State, and the Making of “New Property”


Ephram (Fedya) Nestor, a Bulgarian-born immigrant to the United States, was “an unusual person,” according to his second wife Barbara. She met him in 1933 when he was selling vegetables from his car and remembers not really liking him. “He stayed too long,” he “talked too much,” and worst of all to this devoted radical, he “passionately espoused the cause of Communism [but] he didn't know too much about it.” Interviewed when she was ninety, sharp-witted Barbara Nestor still recalled how Fedya embarrassed her at a Marxist study group with his “foolish” statements and obvious lack of knowledge about Marx or communism. His family agreed he was “not much of a Communist” when he joined the local party in 1936 and could not be trusted with the simplest duties. Nonetheless, the federal government deported Fedya in 1956 for his brief Communist Party (CP) membership.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

John D. Skrentny , “Law and the American State,” Annual Review of Sociology 32 (2006);

Charles A. Reich , “The New Property,” Yale Law Journal 73 (1964): 733–87,

Michael E. Parrish , “Soviet Espionage and the Cold War,” Diplomatic History 25 (Winter 2001): 114

David Abraham , “Liberty without Equality: The Property-Rights Connection in a ‘Negative Citizenship’ Regime,” Law and Social Inquiry 21 (1996): 164

David K. Johnson , The Lavender Scare: The Cold War Persecution of Gays and Lesbians in the Federal Government (Chicago: University of Chicago Press, 2004)

Charles Reich , “Midnight Welfare Searches and the Social Security Act,” Yale Law Journal 72 (1963): 1347–60.

Marc Moreland , “The Welfare State: Embattled Concept,” Phylon 11 (1950): 164–70

William O. Douglas , “The Human Welfare State,” University of Pennsylvania Law Review 97 (April 1949): 597607.

Harry W. Jones , “The Rule of Law and the Welfare State,” Columbia Law Review 58 (February 1958): 143–56

Fred R. Shapiro , “The Most Cited Articles from The Yale Law Journal,” Yale Law Journal 100 (1994): 14491515

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Law and History Review
  • ISSN: 0738-2480
  • EISSN: 1939-9022
  • URL: /core/journals/law-and-history-review
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