The Litigation State

Author: Sean Farhang
Publisher:
ISBN: 9780691143811
Format: PDF, ePub, Mobi
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Examines how and why private plaintiff-driven litigation has become the dominant model for enforcing federal regulation.

Building the Judiciary

Author: Justin Crowe
Publisher: Princeton University Press
ISBN: 1400842573
Format: PDF, Kindle
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How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.

Looking for Rights in All the Wrong Places

Author: Emily Zackin
Publisher: Princeton University Press
ISBN: 1400846277
Format: PDF, ePub, Docs
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Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

When Movements Anchor Parties

Author: Daniel Schlozman
Publisher: Princeton University Press
ISBN: 1400873835
Format: PDF, ePub, Docs
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Throughout American history, some social movements, such as organized labor and the Christian Right, have forged influential alliances with political parties, while others, such as the antiwar movement, have not. When Movements Anchor Parties provides a bold new interpretation of American electoral history by examining five prominent movements and their relationships with political parties. Taking readers from the Civil War to today, Daniel Schlozman shows how two powerful alliances—those of organized labor and Democrats in the New Deal, and the Christian Right and Republicans since the 1970s—have defined the basic priorities of parties and shaped the available alternatives in national politics. He traces how they diverged sharply from three other major social movements that failed to establish a place inside political parties—the abolitionists following the Civil War, the Populists in the 1890s, and the antiwar movement in the 1960s and 1970s. Moving beyond a view of political parties simply as collections of groups vying for preeminence, Schlozman explores how would-be influencers gain influence—or do not. He reveals how movements join with parties only when the alliance is beneficial to parties, and how alliance exacts a high price from movements. Their sweeping visions give way to compromise and partial victories. Yet as Schlozman demonstrates, it is well worth paying the price as movements reorient parties' priorities. Timely and compelling, When Movements Anchor Parties demonstrates how alliances have transformed American political parties.

Lawyers Lawsuits and Legal Rights

Author: Thomas Frederick Burke
Publisher: Univ of California Press
ISBN: 9780520227279
Format: PDF, Mobi
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The struggle over litigation in American society is explored in this groundbreaking study of the American legal system that reveals why the United States has become such a litigious society. (Politics & Government)

Rights and Retrenchment

Author: Stephen B. Burbank
Publisher: Cambridge University Press
ISBN: 110818409X
Format: PDF, Docs
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This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.

Making Rights Real

Author: Charles R. Epp
Publisher: University of Chicago Press
ISBN: 0226211665
Format: PDF, Mobi
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It’s a common complaint: the United States is overrun by rules and procedures that shackle professional judgment, have no valid purpose, and serve only to appease courts and lawyers. Charles R. Epp argues, however, that few Americans would want to return to an era without these legalistic policies, which in the 1970s helped bring recalcitrant bureaucracies into line with a growing national commitment to civil rights and individual dignity. Focusing on three disparate policy areas—workplace sexual harassment, playground safety, and police brutality in both the United States and the United Kingdom—Epp explains how activists and professionals used legal liability, lawsuit-generated publicity, and innovative managerial ideas to pursue the implementation of new rights. Together, these strategies resulted in frameworks designed to make institutions accountable through intricate rules, employee training, and managerial oversight. Explaining how these practices became ubiquitous across bureaucratic organizations, Epp casts today’s legalistic state in an entirely new light.

Comparative Law and Regulation

Author: Francesca Bignami
Publisher: Edward Elgar Publishing
ISBN: 1782545611
Format: PDF, ePub
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Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.

The Foundations and Future of Financial Regulation

Author: Mads Andenas
Publisher: Routledge
ISBN: 113504337X
Format: PDF, ePub, Mobi
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Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.