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Author: Steven Michael Teles Publisher: ISBN: 9780691122083 Category : Law Languages : en Pages : 339
Book Description
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.
Author: Steven Michael Teles Publisher: ISBN: 9780691122083 Category : Law Languages : en Pages : 339
Book Description
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.
Author: Ann Southworth Publisher: University of Chicago Press ISBN: 0226768368 Category : Political Science Languages : en Pages : 268
Book Description
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.
Author: Michael Avery Publisher: Vanderbilt University Press ISBN: 082650339X Category : Law Languages : en Pages : 503
Book Description
Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international law
Author: Steven M. Teles Publisher: Princeton University Press ISBN: 1400829690 Category : Law Languages : en Pages : 363
Book Description
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.
Author: Michael J. Graetz Publisher: Simon and Schuster ISBN: 1476732515 Category : History Languages : en Pages : 480
Book Description
The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.
Author: Amanda Hollis-Brusky Publisher: Studies in Postwar American Po ISBN: 0199385521 Category : Law Languages : en Pages : 265
Book Description
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.
Author: Robert A. KAGAN Publisher: Harvard University Press ISBN: 0674039270 Category : Law Languages : en Pages : 353
Book Description
Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Author: David Dagan Publisher: Oxford University Press ISBN: 0190246456 Category : Political Science Languages : en Pages : 257
Book Description
American conservatism rose hand-in-hand with the growth of mass incarceration. For decades, conservatives deployed "tough on crime" rhetoric to attack liberals as out-of-touch elitists who coddled criminals while the nation spiraled toward disorder. As a result, conservatives have been the motive force in building our vast prison system. Indeed, expanding the number of Americans under lock and key was long a point of pride for politicians on the right - even as the U.S. prison population eclipsed international records. Over the last few years, conservatives in Washington, D.C. and in bright-red states like Georgia and Texas, have reversed course, and are now leading the charge to curb prison growth. In Prison Break, David Dagan and Steve Teles explain how this striking turn of events occurred, how it will affect mass incarceration, and what it teaches us about achieving policy breakthroughs in our polarized age. Combining insights from law, sociology, and political science, Teles and Dagan will offer the first comprehensive account of this major political shift. In a challenge to the conventional wisdom, they argue that the fiscal pressures brought on by recession are only a small part of the explanation for the conservatives' shift, over-shadowed by Republicans' increasing anti-statism, the waning efficacy of "tough on crime" politics and the increasing engagement of evangelicals. These forces set the stage for a small cadre of conservative leaders to reframe criminal justice in terms of redeeming wayward souls and rolling back government. These developments have created the potential to significantly reduce mass incarceration, but only if reformers on both the right and the left play their cards right. As Dagan and Teles stress, there is also a broader lesson in this story about the conditions for cross-party cooperation in our polarized age. Partisan identity, they argue, generally precedes position-taking, and policy breakthroughs are unlikely to come by "reaching across the aisle," promoting "compromise," or appealing to "expert opinion." Instead, change happens when political movements redefine their own orthodoxies for their own reasons. As Dagan and Teles show, outsiders can assist in this process - and they played a crucial role in the case of criminal justice - but they cannot manufacture it. This book will not only reshape our understanding of conservatism and American penal policy, but also force us to reconsider the drivers of policy innovation in the context of American politics.
Author: Andrew R. Lewis Publisher: Cambridge University Press ISBN: 1108417701 Category : Law Languages : en Pages : 293
Book Description
Explains how abortion politics influenced a fundamental shift in conservative Christian politics, teaching conservatives to embrace rights arguments.
Author: Stephen B. Burbank Publisher: Cambridge University Press ISBN: 110818409X Category : Law Languages : en Pages : 299
Book Description
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.
Author: Steven Michael Teles
Author: Steven Michael Teles
Author: Ann Southworth
Author: Michael Avery
Author: Steven M. Teles
Author: Michael J. Graetz
Author: Amanda Hollis-Brusky
Author: Robert A. KAGAN
Author: David Dagan
Author: Andrew R. Lewis
Author: Stephen B. Burbank