The Rise of the Conservative Legal Movement

Author: Steven Michael Teles
Publisher:
ISBN: 9780691122083
Format: PDF, ePub, Docs
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Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.

The Rise of the Conservative Legal Movement

Author: Steven M. Teles
Publisher: Princeton University Press
ISBN: 9781400829699
Format: PDF, Docs
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Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.

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.

Disarmed

Author: Kristin A. Goss
Publisher: Princeton University Press
ISBN: 9781400837755
Format: PDF, ePub
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More than any other advanced industrial democracy, the United States is besieged by firearms violence. Each year, some 30,000 people die by gunfire. Over the course of its history, the nation has witnessed the murders of beloved public figures; massacres in workplaces and schools; and epidemics of gun violence that terrorize neighborhoods and claim tens of thousands of lives. Commanding majorities of Americans voice support for stricter controls on firearms. Yet they have never mounted a true national movement for gun control. Why? Disarmed unravels this paradox. Based on historical archives, interviews, and original survey evidence, Kristin Goss suggests that the gun control campaign has been stymied by a combination of factors, including the inability to secure patronage resources, the difficulties in articulating a message that would resonate with supporters, and strategic decisions made in the name of effective policy. The power of the so-called gun lobby has played an important role in hobbling the gun-control campaign, but that is not the entire story. Instead of pursuing a strategy of incremental change on the local and state levels, gun control advocates have sought national policies. Some 40% of state gun control laws predate the 1970s, and the gun lobby has systematically weakened even these longstanding restrictions. A compelling and engagingly written look at one of America's most divisive political issues, Disarmed illuminates the organizational, historical, and policy-related factors that constrain mass mobilization, and brings into sharp relief the agonizing dilemmas faced by advocates of gun control and other issues in the United States.

The Fifth Freedom

Author: Anthony S. Chen
Publisher: Princeton University Press
ISBN: 9780691139531
Format: PDF, Mobi
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Broadly interdisciplinary, 'The Fifth Freedom' sheds new light on the role of parties, elites, and institutions in the policymaking process; the impact of racial politics on electoral realignment; the history of civil rights; the decline of New Deal liberalism; and the rise of the New Right.

Fighting for democracy

Author: Christopher S. Parker
Publisher: Princeton Univ Pr
ISBN: 9780691140032
Format: PDF, Mobi
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Fighting for Democracy shows how the experiences of African American soldiers during World War II and the Korean War influenced many of them to challenge white supremacy in the South when they returned home. Focusing on the motivations of individual black veterans, this groundbreaking book explores the relationship between military service and political activism. Christopher Parker draws on unique sources of evidence, including interviews and survey data, to illustrate how and why black servicemen who fought for their country in wartime returned to America prepared to fight for their own equality.Parker discusses the history of African American military service and how the wartime experiences of black veterans inspired them to contest Jim Crow. Black veterans gained courage and confidence by fighting their nation's enemies on the battlefield and racism in the ranks. Viewing their military service as patriotic sacrifice in the defense of democracy, these veterans returned home with the determination and commitment to pursue equality and social reform in the South. Just as they had risked their lives to protect democratic rights while abroad, they risked their lives to demand those same rights on the domestic front.Providing a sophisticated understanding of how war abroad impacts efforts for social change at home, Fighting for Democracy recovers a vital story about black veterans and demonstrates their distinct contributions to the American political landscape.

Solomon s Knot

Author: Robert D. Cooter
Publisher: Princeton University Press
ISBN: 0691147922
Format: PDF, Mobi
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Sustained growth depends on innovation, whether it's cutting-edge software from Silicon Valley, an improved assembly line in Sichuan, or a new export market for Swaziland's leather. Developing a new idea requires money, which poses a problem of trust. The innovator must trust the investor with his idea and the investor must trust the innovator with her money. Robert Cooter and Hans-Bernd Schäfer call this the "double trust dilemma of development." Nowhere is this problem more acute than in poorer nations, where the failure to solve it results in stagnant economies. In Solomon's Knot, Cooter and Schäfer propose a legal theory of economic growth that details how effective property, contract, and business laws help to unite capital and ideas. They also demonstrate why ineffective private and business laws are the root cause of the poverty of nations in today's world. Without the legal institutions that allow innovation and entrepreneurship to thrive, other attempts to spur economic growth are destined to fail.

The Captured Economy

Author: Brink Lindsey
Publisher: Oxford University Press
ISBN: 0190627786
Format: PDF, Mobi
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For years, America has been plagued by slow economic growth and increasing inequality. Yet economists have long taught that there is a tradeoff between equity and efficiency-that is, between making a bigger pie and dividing it more fairly. That is why our current predicament is so puzzling: today, we are faced with both a stagnating economy and sky-high inequality. In The Captured Economy , Brink Lindsey and Steven M. Teles identify a common factor behind these twin ills: breakdowns in democratic governance that allow wealthy special interests to capture the policymaking process for their own benefit. They document the proliferation of regressive regulations that redistribute wealth and income up the economic scale while stifling entrepreneurship and innovation. When the state entrenches privilege by subverting market competition, the tradeoff between equity and efficiency no longer holds. Over the past four decades, new regulatory barriers have worked to shield the powerful from the rigors of competition, thereby inflating their incomes-sometimes to an extravagant degree. Lindsey and Teles detail four of the most important cases: subsidies for the financial sector's excessive risk taking, overprotection of copyrights and patents, favoritism toward incumbent businesses through occupational licensing schemes, and the NIMBY-led escalation of land use controls that drive up rents for everyone else. Freeing the economy from regressive regulatory capture will be difficult. Lindsey and Teles are realistic about the chances for reform, but they offer a set of promising strategies to improve democratic deliberation and open pathways for meaningful policy change. An original and counterintuitive interpretation of the forces driving inequality and stagnation, The Captured Economy will be necessary reading for anyone concerned about America's mounting economic problems and the social tensions they are sparking.

American Exceptionalism and Human Rights

Author: Michael Ignatieff
Publisher: Princeton University Press
ISBN: 9781400826889
Format: PDF, ePub, Mobi
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With the 2003 invasion and subsequent occupation of Iraq, the most controversial question in world politics fast became whether the United States stands within the order of international law or outside it. Does America still play by the rules it helped create? American Exceptionalism and Human Rights addresses this question as it applies to U.S. behavior in relation to international human rights. With essays by eleven leading experts in such fields as international relations and international law, it seeks to show and explain how America's approach to human rights differs from that of most other Western nations. In his introduction, Michael Ignatieff identifies three main types of exceptionalism: exemptionalism (supporting treaties as long as Americans are exempt from them); double standards (criticizing "others for not heeding the findings of international human rights bodies, but ignoring what these bodies say of the United States); and legal isolationism (the tendency of American judges to ignore other jurisdictions). The contributors use Ignatieff's essay as a jumping-off point to discuss specific types of exceptionalism--America's approach to capital punishment and to free speech, for example--or to explore the social, cultural, and institutional roots of exceptionalism. These essays--most of which appear in print here for the first time, and all of which have been revised or updated since being presented in a year-long lecture series on American exceptionalism at Harvard University's John F. Kennedy School of Government--are by Stanley Hoffmann, Paul Kahn, Harold Koh, Frank Michelman, Andrew Moravcsik, John Ruggie, Frederick Schauer, Anne-Marie Slaughter, Carol Steiker, and Cass Sunstein.