The Rise of the Conservative Legal Movement

Author: Steven M. Teles
Publisher: Princeton University Press
ISBN: 9781400829699
Format: PDF
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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, ePub, Docs
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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, Kindle
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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.

The Rise of the Conservative Legal Movement The Battle for Control of the Law

Author: Steven M. Teles
Publisher: Princeton University Press
ISBN: 9780691146256
Format: PDF, Mobi
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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 Most Activist Supreme Court in History

Author: Thomas M. Keck
Publisher: University of Chicago Press
ISBN: 9780226428864
Format: PDF, ePub, Mobi
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When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

The Judicial Process

Author: Christopher P. Banks
Publisher: CQ Press
ISBN: 1483386287
Format: PDF, Kindle
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The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

History of Concepts

Author: Iain Hampsher-Monk
Publisher: Amsterdam University Press
ISBN: 9789053563069
Format: PDF, Mobi
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Hoewel enorm invloedrijk in Duitstalig Europa, heeft de conceptuele geschiedschrijving (Begriffsgeschichte) tot nu toe weinig aandacht in het Engels gekregen. Dit genre van intellectuele geschiedschrijving verschilt van zowel de Franse geschiedschrijving van mentalités als de Engelstalige geschiedschrijving van verhandelingen door het concept. Aan de hand van practische voorbeelden in de geschiedschrijving wordt deze vorm toegelicht door Bram Kempers, Eddy de Jongh en Rolf Reichardt.

The Rights Turn in Conservative Christian Politics

Author: Andrew R. Lewis
Publisher: Cambridge University Press
ISBN: 1108285619
Format: PDF, Docs
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The Rights Turn in Conservative Christian Politics documents a recent, fundamental change in American politics with the waning of Christian America. Rather than conservatives emphasizing morality and liberals emphasizing rights, both sides now wield rights arguments as potent weapons to win political and legal battles and build grassroots support. Lewis documents this change on the right, focusing primarily on evangelical politics. Using extensive historical and survey data that compares evangelical advocacy and evangelical public opinion, Lewis explains how the prototypical culture war issue - abortion - motivated the conservative rights turn over the past half century, serving as a springboard for rights learning and increased conservative advocacy in other arenas. Challenging the way we think about the culture wars, Lewis documents how rights claims are used to thwart liberal rights claims, as well as to provide protection for evangelicals, whose cultural positions are increasingly in the minority; they have also allowed evangelical elites to justify controversial advocacy positions to their base and to engage more easily in broad rights claiming in new or expanded political arenas, from health care to capital punishment.

Power in Movement

Author: Sidney G. Tarrow
Publisher: Cambridge University Press
ISBN: 1139496220
Format: PDF, Docs
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Social movements have an elusive power but one that is altogether real. From the French and American revolutions to the post-Soviet, ethnic and terrorist movements of today, contentious politics exercises a fleeting but powerful influence on politics, society and international relations. This study surveys the modern history of the modern social movements in the West and their diffusion to the global South through war, colonialism and diffusion, and it puts forward a theory to explain its cyclical surges and declines. It offers an interpretation of the power of movements that emphasizes effects on the lives of militants, policy reforms, political institutions and cultural change. The book focuses on the rise and fall of social movements as part of contentious politics in general and as the outcome of changes in political opportunities and constraints, state strategy, the new media of communication and transnational diffusion.