Rights And Retrenchment

Author: Stephen B. Burbank
Publisher: Cambridge University Press
ISBN: 1107136997
Size: 19.67 MB
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This book shows how an increasingly conservative Supreme Court has undermined the enforcement of rights through strategies rejected by Congress.

Ideas With Consequences

Author: Amanda Hollis-Brusky
Publisher: Oxford University Press, USA
ISBN: 0199385521
Size: 13.15 MB
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"There are few intellectual movements in American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization has now become the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It can claim 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper. In Ideas with Consequences, Amanda Hollis-Brusky, an expert on conservative legal movements, provides the first ever comprehensive documentation of how the Federalist Society exerts its influence. Drawing from a huge trove of documents, transcripts, and interviews, she presents a series of important legal questions and explains how the Federalist Society managed to revolutionize the jurisprudence for each one. Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level. With unparalleled research and analysis of some of the hottest political and judicial issues of our time, Ideas with Consequences is the essential guide to the Federalist Society at a time when its power has broader implications than ever"--

Civil Justice Reconsidered

Author: Steven P. Croley
Publisher: NYU Press
ISBN: 1479855006
Size: 49.69 MB
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"In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself"--Publisher's web site, viewed February 10, 2017.

No Day In Court

Author: Sarah L. Staszak
Publisher: Oxford University Press
ISBN: 0199399034
Size: 72.67 MB
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Revision of author's disseration (doctoral - Brandeis University, 2010), issued under title: The politics of judicial retrenchment.

In Praise Of Litigation

Author: Alexandra Lahav
Publisher: Oxford University Press
ISBN: 0199380805
Size: 31.38 MB
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It is not difficult to find critics of America's famously litigious society. We have more lawyers per capita than anywhere else. Critics say we are unmatched in our willingness to sue, pointing to anecdotes of frivolous suits such as a man who sued his drycleaner over a pair of pants or parents who sued a school when their son broke his leg going down a slide head first. The critics contend that the primary beneficiaries of litigation are attorneys themselves, and that the main effect of excessive litigiousness is reduced business innovation. The tort reform movement that they champion-dedicated to limiting the reach of lawsuits and in some cases eliminating certain types of suits altogether-has become a powerful force in America politics and law. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.

The Litigation State

Author: Sean Farhang
Publisher: Princeton University Press
ISBN: 9781400836789
Size: 80.32 MB
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Of the 1.65 million lawsuits enforcing federal laws over the past decade, 3 percent were prosecuted by the federal government, while 97 percent were litigated by private parties. When and why did private plaintiff-driven litigation become a dominant model for enforcing federal regulation? The Litigation State shows how government legislation created the nation's reliance upon private litigation, and investigates why Congress would choose to mobilize, through statutory design, private lawsuits to implement federal statutes. Sean Farhang argues that Congress deliberately cultivates such private lawsuits partly as a means of enforcing its will over the resistance of opposing presidents. Farhang reveals that private lawsuits, functioning as an enforcement resource, are a profoundly important component of American state capacity. He demonstrates how the distinctive institutional structure of the American state--particularly conflict between Congress and the president over control of the bureaucracy--encourages Congress to incentivize private lawsuits. Congress thereby achieves regulatory aims through a decentralized army of private lawyers, rather than by well-staffed bureaucracies under the president's influence. The historical development of ideological polarization between Congress and the president since the late 1960s has been a powerful cause of the explosion of private lawsuits enforcing federal law over the same period. Using data from many policy areas spanning the twentieth century, and historical analysis focused on civil rights, The Litigation State investigates how American political institutions shape the strategic design of legislation to mobilize private lawsuits for policy implementation.

The Rights Revolution Revisited

Author: Lynda G. Dodd
Publisher: Cambridge University Press
ISBN: 1107164737
Size: 66.63 MB
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Examines the implementation of the rights revolution, bringing together a distinguished group of political scientists and legal scholars who study the roles of agencies and courts in shaping the enforcement of civil rights statutes.

The Other Rights Revolution

Author: Assistant Professor of American Studies and Political Science Jefferson Decker
Publisher: Oxford University Press
ISBN: 0190467312
Size: 77.24 MB
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In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state--the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians--with some help from angry property owners and bulldozer-driving Sagebrush Rebels--tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history--including the regionally distinctive experiences of the American West--behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.

Building The Federal Schoolhouse

Author: Douglas S. Reed
Publisher: Oxford University Press, USA
ISBN: 0199838488
Size: 58.52 MB
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Over the past 50 years, the federal government's efforts to reform American public education have transformed U.S. schools from locally-run enterprises to complex systems in which federal, state and local actors jointly construct the educational environment of U.S. children. Through struggles over school integration, the growth of special education, the teaching of English learners and the rise of accountability politics, the federal role in U.S. education has meant a profound reconstruction of local expectations, roles and political alignments. Seeking to construct the federal schoolhouse - an educational system in which there are common national expectations and practices - has meant the creation of new modes of education within local institutions. The creation of this education state" has also meant that federal educational initiatives have collided with - or reinforced - local political regimes in cities and suburbs alike. To the extent that "all politics is local," the federal role in public schools has changed both the conduct and the norms of local educational politics. Building the Federal Schoolhouse examines how increasing federal authority over public education in the U.S. changes the practices of "operational localism" in education and how local regime commitments implement, thwart, or even block federal policy initiatives. The book examines these issues through an in-depth, fifty year examination of federal educational policies at work within onecommunity, Alexandria, Virginia. The home of T.C. Williams High School, memorialized in the Hollywood movie Remember the Titans, Alexandria has been transformed within two generations from a Jim Crow school system to a new immigrant gateway school district with over 20 percent of its students English learners. Along the way, the school system has struggled to provide quality education for special needs students, sought to overcome the legacies of tracking and segregated learning and simultaneously retain upper-middle class students in this wealthy suburb of Washington, DC. Most recently, it has grappled with state and federally imposed accountability measures that seek to boost educational outcomes. All of these policy initiatives have contended with the existing political regime within Alexandria, at times forcing the local regime to a breaking point, and at times bolstering its reconstruction. At the same time, the local expectations and governing realities of administrators, parents, politicians and voters alike have sharply constrained federal initiatives, limiting their scope when in conflict with local commitments and amplifying them when they align. Through an extensive use of local archives, contemporary accounts, school data and interviews, Reed not only paints an intimate portrait of the conflicts that the creation of the federal schoolhouse has wrought in Alexandria, but also documents the successes of the federal commitment to greater educational opportunity. In so doing, he highlights the complexity of the American education state and the centrality of local regimes and local historical context to federal efforts to reform education."

The First Civil Right

Author: Naomi Murakawa
Publisher: Oxford University Press
ISBN: 0199892784
Size: 71.77 MB
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"The explosive rise in the U.S. incarceration rate in the second half of the twentieth century, and the racial transformation of the prison population from mostly white at mid-century to sixty-five percent black and Latino in the present day, is a trend that cannot easily be ignored. Many believe that this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people. In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after. Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more. Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their first civil right - physical safety - eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom. The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America." -- Publisher's description.