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Author: Stephen B. Burbank
Publisher: Cambridge University Press
ISBN: 110818409X
Category : Law
Languages : en
Pages : 299
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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: Stephen B. Burbank
Publisher: Cambridge University Press
ISBN: 110818409X
Category : Law
Languages : en
Pages : 299
Get Book Here
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: Sarah L. Staszak
Publisher: Oxford University Press
ISBN: 0199399034
Category : Law
Languages : en
Pages : 321
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Book Description
We are now more than half a century removed from height of the rights revolution, a time when the federal government significantly increased legal protection for disadvantaged individuals and groups, leading in the process to a dramatic expansion in access to courts and judicial authority to oversee these protections. Yet while the majority of the landmark laws and legal precedents expanding access to justice remain intact, less than two percent of civil cases are decided by a trial today. What explains this phenomenon, and why it is so difficult to get one's day in court? No Day in Court examines the sustained efforts of political and legal actors to scale back access to the courts in the decades since it was expanded, largely in the service of the rights revolution of the 1950s and 1960s. Since that time, for political, ideological, and practical reasons, a multifaceted group of actors have attempted to diminish the role that courts play in American politics. Although the conventional narrative of backlash focuses on an increasingly conservative Supreme Court, Congress, and activists aiming to constrain the developments of the Civil Rights era, there is another very important element to this story, in which access to the courts for rights claims has been constricted by efforts that target the "rules of the game: " the institutional and legal procedures that govern what constitutes a valid legal case, who can be sued, how a case is adjudicated, and what remedies are available through courts. These more hidden, procedural changes are pursued by far more than just conservatives, and they often go overlooked. No Day in Court explores the politics of these strategies and the effect that they have today for access to justice in the U.S.
Author: Lynda G. Dodd
Publisher: Cambridge University Press
ISBN: 1107164737
Category : Law
Languages : en
Pages : 399
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Book Description
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.
Author: Paul Pierson
Publisher: Cambridge University Press
ISBN: 1316583538
Category : Political Science
Languages : en
Pages : 224
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Book Description
This book offers a careful examination of the politics of social policy in an era of austerity and conservative governance. Focusing on the administrations of Ronald Reagan and Margaret Thatcher, Pierson provides a compelling explanation for the welfare state's durability and for the few occasions where each government was able to achieve significant cutbacks. The programmes of the modern welfare state - the 'policy legacies' of previous governments - generally proved resistant to reform. Hemmed in by the political supports that have developed around mature social programmes, conservative opponents of the welfare state were successful only when they were able to divide the supporters of social programmes, compensate those negatively affected, or hide what they were doing from potential critics. The book will appeal to those interested in the politics of neo-conservatism as well as those concerned about the development of the modern welfare state. It will attract readers in the fields of comparative politics, public policy, and political economy.
Author: Stephen B. Burbank
Publisher: Cambridge University Press
ISBN: 1107136997
Category : Law
Languages : en
Pages : 299
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Book Description
This book shows how an increasingly conservative Supreme Court has undermined the enforcement of rights through strategies rejected by Congress.
Author: Bent Greve
Publisher: Edward Elgar Publishing
ISBN: 1789903718
Category : Political Science
Languages : en
Pages : 172
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Book Description
Are we living in an age of permanent austerity? In this insightful book, Bent Greve provides a comprehensive empirical analysis of welfare states since 2000, exploring the ways by which austerity can be measured and quantified. Through detailed comparative analysis between states, this book dissects the implementation of economic retrenchment, its extent and impact in Europe.
Author: Katharine G. Young
Publisher: Cambridge University Press
ISBN: 1108418139
Category : Law
Languages : en
Pages : 711
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Book Description
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Author: Philip A. Klinkner
Publisher: University of Chicago Press
ISBN: 9780226443416
Category : Political Science
Languages : en
Pages : 430
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Book Description
With its insights into contemporary racial politics, "The Unsteady March" offers a penetrating and controversial analysis of American race relations across two centuries.
Author: Jan Paulsson
Publisher: Cambridge University Press
ISBN: 1108840698
Category : Law
Languages : en
Pages : 159
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Book Description
Challenges the claim to elevate the theory of abuse of rights to the status of a general principle of law.
Author: Sanda Rodgers
Publisher:
ISBN: 9780433462729
Category : Judgements
Languages : en
Pages : 538
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Book Description
