The Other Rights Revolution

Conservative Lawyers and the Remaking of American Government
Author: Assistant Professor of American Studies and Political Science Jefferson Decker
Publisher: Oxford University Press
ISBN: 0190467312
Category: Cause lawyers
Page: 296
View: 7312
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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.

When Bad Policy Makes Good Politics

Running the Numbers on Health Reform
Author: Robert P. Saldin
Publisher: Oxford University Press
ISBN: 0190255455
Category: Political Science
Page: 208
View: 580
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Since the 1960s, America's policymaking system has transitioned from one in which leaders like Lyndon Johnson could simply disparage the concept of budget projections to one in which policymakers consciously manipulate cost estimates. Paradoxically, the very safeguards put in place to thwart economically unsound legislation now cause chaos by incentivizing the development of flawed, even blatantly unworkable, policies. As Robert Saldin shows in When Bad Policy Makes Good Politics, the pathologies of the new system are illustrated by the Community Living Assistance Services and Supports Act and its role in aiding passage of President Obama's landmark health reform law. CLASS was supposed to bring much needed relief of America's dysfunctional long-term care system, but critics argued that its flawed design rendered the program unviable. However, what appeared to be a naïve proposal was actually a carefully framed policy designed to fit the rules of the game, particularly the Congressional Budget Office's cost-projection process. Although CLASS was destined for a "death spiral" requiring massive government bailouts, the CBO estimated it would save tens of billions of dollars. These official "savings" made CLASS an appealing add-on to the Affordable Care Act. But when the Obama administration later announced that CLASS was impossible to implement, America's long-term care system was left in crisis. This skillful examination of CLASS and the machinations of Congress provides insight into how the contemporary policymaking process really functions.

Lawyers of the Right

Professionalizing the Conservative Coalition
Author: Ann Southworth
Publisher: University of Chicago Press
ISBN: 0226768368
Category: Political Science
Page: 272
View: 9776
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A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, Lawyers of the Right explains what unites and divides lawyers for the three major groups—social conservatives, libertarians, and business advocates—that have coalesced in recent decades behind the Republican Party. Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.

No Day in Court

Access to Justice and the Politics of Judicial Retrenchment
Author: Sarah L. Staszak
Publisher: Oxford University Press
ISBN: 0199399034
Category: Law
Page: 299
View: 1436
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Revision of author's disseration (doctoral - Brandeis University, 2010), issued under title: The politics of judicial retrenchment.

The Right’s First Amendment

The Politics of Free Speech & the Return of Conservative Libertarianism
Author: Wayne Batchis
Publisher: Stanford University Press
ISBN: 080479801X
Category: Law
Page: 296
View: 8299
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Not so long ago, being aggressively "pro–free speech" was as closely associated with American political liberalism as being pro-choice, pro–affirmative action, or pro–gun control. With little notice, this political dynamic has been shaken to the core. The Right's First Amendment examines how conservatives came to adopt and co-opt constitutional free speech rights. In the 1960s, free speech on college campuses was seen as a guarantee for social agitators, hippies, and peaceniks. Today, for many conservatives, it represents instead a crucial shield that protects traditionalists from a perceived scourge of political correctness and liberal oversensitivity. Over a similar period, free market conservatives have risen up to embrace a once unknown, but now cherished, liberty: freedom of commercial expression. What do these changes mean for the future of First Amendment interpretation? Wayne Batchis offers a fresh entry point into these issues by grounding his study in both political and legal scholarship. Surveying six decades of writings from the preeminent conservative publication National Review alongside the evolving constitutional law and ideological predispositions of Supreme Court justices deciding these issues, Batchis asks the conservative political movement to answer to its judicial logic, revealing how this keystone of our civic American beliefs now carries a much more complex and nuanced political identity.

The Odd Clauses

Understanding the Constitution Through Ten of Its Most Curious Provisions
Author: Jay Wexler
Publisher: N.A
ISBN: 0807000892
Category: Law
Page: 222
View: 3325
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"An innovative, insightful, and often humorous look at the Constitution's lesser-known clauses, offering a fresh approach to understanding our democracy. In this captivating and witty book, Jay Wexler draws on his extensive background in constitutional law to shine a much-deserved light on some of the Constitution's lesser-known parts. For a variety of reasons, many of the Constitution's "odd clauses" never make it to any court, and therefore never make headlines or even law school classrooms that teach from judicial decisions. Wexler delves into many of those more obscure passages, which he uses to illuminate the essence of our democratic process, including our tripartite government; the principles of equality, liberty, and privacy; and the integrity of our democracy"--

Messengers of the Right

Conservative Media and the Transformation of American Politics
Author: Nicole Hemmer
Publisher: University of Pennsylvania Press
ISBN: 0812248392
Category: History
Page: 336
View: 1152
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Messengers of the Right tells the story of the media activists who built the American conservative movement and transformed it into one of the most significant and successful movements of the twentieth century—and in the process remade the Republican Party and the American media landscape.

America Unbound

The Bush Revolution in Foreign Policy
Author: Ivo H. Daalder,James M. Lindsay
Publisher: Brookings Institution Press
ISBN: 0815796617
Category: Political Science
Page: 246
View: 3273
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George W. Bush has launched a revolution in American foreign policy. He has redefined how America engages the world, shedding the constraints that friends, allies, and international institutions impose on its freedom of action. He has insisted that an America unbound is a more secure America. How did a man once mocked for knowing little about the world come to be a foreign policy revolutionary? In America Unbound, Ivo H. Daalder and James M. Lindsay dismiss claims that neoconservatives have captured the heart and mind of the president. They show that George W. Bush has been no one's puppet. He has been a strong and decisive leader with a coherent worldview that was evident even during the 2000 presidential campaign. Daalder and Lindsay caution that the Bush revolution comes with significant risks. Raw power alone is not enough to preserve and extend America's security and prosperity in the modern world. The United States often needs the help of others to meet the challenges it faces overseas. But Bush's revolutionary impulse has stirred great resentment abroad. At some point, Daalder and Lindsay warn, Bush could find that America's friends and allies refuse to follow his lead. America will then stand alone—a great power unable to achieve its most important goals.

Family, Dependence, and the Origins of the Welfare State

Britain and France, 1914-1945
Author: Susan Pedersen
Publisher: Cambridge University Press
ISBN: 9780521558341
Category: History
Page: 478
View: 9632
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A comparative analysis of social policies in Britain and France between 1914 and 1945.

The One Percent of Solution

How Corporations Are Remaking America One State at a Time
Author: Gordon Lafer
Publisher: Cornell University Press
ISBN: 1501708171
Category: Political Science
Page: 272
View: 6715
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In the aftermath of the 2010 Citizens United decision, it's become commonplace to note the growing political dominance of a small segment of the economic elite. But what exactly are those members of the elite doing with their newfound influence? The One Percent Solution provides an answer to this question for the first time. Gordon Lafer's book is a comprehensive account of legislation promoted by the nation's biggest corporate lobbies across all fifty state legislatures and encompassing a wide range of labor and economic policies. In an era of growing economic insecurity, it turns out that one of the main reasons life is becoming harder for American workers is a relentless—and concerted—offensive by the country’s best-funded and most powerful political forces: corporate lobbies empowered by the Supreme Court to influence legislative outcomes with an endless supply of cash. These actors have successfully championed hundreds of new laws that lower wages, eliminate paid sick leave, undo the right to sue over job discrimination, and cut essential public services. Lafer shows how corporate strategies have been shaped by twenty-first-century conditions—including globalization, economic decline, and the populism reflected in both the Trump and Sanders campaigns of 2016. Perhaps most important, Lafer shows that the corporate legislative agenda has come to endanger the scope of democracy itself. For anyone who wants to know what to expect from corporate-backed Republican leadership in Washington, D.C., there is no better guide than this record of what the same set of actors has been doing in the state legislatures under its control.

The Rights Revolution Revisited


Author: Lynda G. Dodd
Publisher: Cambridge University Press
ISBN: 1107164737
Category: Law
Page: 400
View: 9795
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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 Accidental Republic


Author: John Fabian Witt
Publisher: Harvard University Press
ISBN: 9780674045279
Category: Law
Page: 322
View: 9664
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In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation's exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen's organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen's compensation. John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic. Table of Contents: Introduction 1. Crippled Workingmen, Destitute Widows, and the Crisis of Free Labor 2. The Dilemmas of Classical Tort Law 3. The Cooperative Insurance Movement 4. From Markets to Managers 5. Widows, Actuaries, and the Logics of Social Insurance 6. The Passion of William Werner 7. The Accidental Republic Conclusion Notes Acknowledgments Index John Witt paints his portrait of industrializing America with the subtlety of a master and on an immense canvas. His magisterial history is much more than an account of the rise of workers compensation, still one of our greatest social reforms. Witt vividly recreates the social context of the late 19th century industrial world - workers' appalling injury and death rates, their mutual help and insurance associations, mass immigration, the rise of Taylorist management, the struggles to give new meaning to the free labor ideal, the encounter between European social engineering and American anti-statism and individualism, and the politics and economics of labor relations in the Progressive era. Out of these materials, Witt shows, the law helped fashion a new social order. His analysis has great contemporary significance, revealing both the alluring possibilities and the enduring limits of legal reform in America. It is destined to become a classic of social and legal history. --Peter H. Schuck, author of Diversity in America: Keeping Government at a Safe Distance John Witt shows us the power of perceptive legal history at work. Within the tangle of compensation for industrial accidents, he discovers not only a legal struggle whose outcome set the pattern for many 20th century interventions of government in economic life, but also a momentous confrontation between contract and collective responsibility. Anyone who finds American history absorbing will gain pleasure and insight from this book. --Viviana Zelizer, Princeton University, author of The Social Meaning of Money: Pin Money, Paychecks, Poor Relief, and Other Currencies In 1940 Willard Hurst and Lloyd Garrison inaugurated modern socio-legal studies in the United States with their history of workers' injuries and legal process in Wisconsin. Two generations later, John Fabian Witt's The Accidental Republic marks the full maturation of that field of inquiry. Deftly integrating a legal analysis of tort doctrine, a history of industrial accidents, and a fresh political-economic understanding of statecraft, Witt demonstrates the significance of turn-of-the-century struggles over work, injury, risk, reparation, and regulation in the making of our modern world. Sophisticated, comprehensive, and interdisciplinary, The Accidental Republic is legal history as Hurst and Garrison imagined it could be. --William Novak, The University of Chicago, author of The People's Welfare: Law and Regulation in Nineteenth-Century America

America, History and Life


Author: Eric H. Boehm
Publisher: N.A
ISBN: N.A
Category: United States
Page: N.A
View: 3866
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Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.

Christian Human Rights


Author: Samuel Moyn
Publisher: University of Pennsylvania Press
ISBN: 0812292774
Category: Political Science
Page: 264
View: 7895
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In Christian Human Rights, Samuel Moyn asserts that the rise of human rights after World War II was prefigured and inspired by a defense of the dignity of the human person that first arose in Christian churches and religious thought in the years just prior to the outbreak of the war. The Roman Catholic Church and transatlantic Protestant circles dominated the public discussion of the new principles in what became the last European golden age for the Christian faith. At the same time, West European governments after World War II, particularly in the ascendant Christian Democratic parties, became more tolerant of public expressions of religious piety. Human rights rose to public prominence in the space opened up by these dual developments of the early Cold War. Moyn argues that human dignity became central to Christian political discourse as early as 1937. Pius XII's wartime Christmas addresses announced the basic idea of universal human rights as a principle of world, and not merely state, order. By focusing on the 1930s and 1940s, Moyn demonstrates how the language of human rights was separated from the secular heritage of the French Revolution and put to use by postwar democracies governed by Christian parties, which reinvented them to impose moral constraints on individuals, support conservative family structures, and preserve existing social hierarchies. The book ends with a provocative chapter that traces contemporary European struggles to assimilate Muslim immigrants to the continent's legacy of Christian human rights.

Hitler's American Model

The United States and the Making of Nazi Race Law
Author: James Q. Whitman
Publisher: Princeton University Press
ISBN: 1400884632
Category: History
Page: 224
View: 5728
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How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.

Sites of Memory, Sites of Mourning

The Great War in European Cultural History
Author: Jay Winter
Publisher: Cambridge University Press
ISBN: 113995296X
Category: History
Page: N.A
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Jay Winter's powerful study of the 'collective remembrance' of the Great War offers a major reassessment of one of the critical episodes in the cultural history of the twentieth century. Dr Winter looks anew at the culture of commemoration and the ways in which communities endeavoured to find collective solace after 1918. Taking issue with the prevailing 'modernist' interpretation of the European reaction to the appalling events of 1914–18, Dr Winter instead argues that what characterised that reaction was, rather, the attempt to interpret the Great War within traditional frames of reference. Tensions arose inevitably. Sites of Memory, Sites of Mourning is a profound and moving book of seminal importance for the attempt to understand the course of European history during the first half of the twentieth century.

Keeping Faith with the Constitution


Author: Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder
Publisher: Oxford University Press
ISBN: 9780199752836
Category: Political Science
Page: 272
View: 6717
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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

The Age of Reform


Author: Richard Hofstadter
Publisher: Vintage
ISBN: 0307809641
Category: Political Science
Page: 352
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Winner of the Pulitzer Prize in Non-Fiction. This book is a landmark in American political thought. Preeminent Richard Hofstadter examines the passion for progress and reform that colored the entire period from 1890 to 1940 with startling and stimulating results. The Age of Reform searches out the moral and emotional motives of the reformers the myths and dreams in which they believed, and the realities with which they had to compromise.

American Government and Politics

A Concise Introduction
Author: Robert Singh
Publisher: SAGE
ISBN: 9780761940944
Category: Political Science
Page: 342
View: 8889
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Written for all students of politics coming to the subject for the first time, this textbook provides a lively and accessible introduction and guide to all the main features and characteristics of one of the most distinctive and complex political systems in the world.