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Author: Brian T. Fitzpatrick
Publisher: University of Chicago Press
ISBN: 0226816737
Category : Law
Languages : en
Pages : 282
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Book Description
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Author: Brian T. Fitzpatrick
Publisher: University of Chicago Press
ISBN: 0226816737
Category : Law
Languages : en
Pages : 282
Get Book Here
Book Description
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Author: Brian T. Fitzpatrick
Publisher: University of Chicago Press
ISBN: 022665933X
Category : Law
Languages : en
Pages : 283
Get Book Here
Book Description
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Author: Tula A Connell
Publisher: University of Illinois Press
ISBN: 0252098064
Category : Political Science
Languages : en
Pages : 273
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Book Description
In the 1950s, Milwaukee's strong union movement and socialist mayor seemed to embody a dominant liberal consensus that sought to continue and expand the New Deal. Tula Connell explores how business interests and political conservatives arose to undo that consensus, and how the resulting clash both shaped a city and helped redefine postwar American politics. Connell focuses on Frank Zeidler, the city's socialist mayor. Zeidler's broad concept of the public interest at times defied even liberal expectations. At the same time, a resurgence of conservatism with roots presaging twentieth-century politics challenged his initiatives in public housing, integration, and other areas. As Connell shows, conservatives created an anti-progressive game plan that included a well-funded media and PR push; an anti-union assault essential to the larger project of delegitimizing any government action; opposition to civil rights; and support from a suburban silent majority. In the end, the campaign undermined notions of the common good essential to the New Deal order. It also sowed the seeds for grassroots conservatism's more extreme and far-reaching future success.
Author: Stephen C. Yeazell
Publisher: University of Chicago Press
ISBN: 022654642X
Category : Law
Languages : en
Pages : 145
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Book Description
Some describe civil litigation as little more than a drag on the economy; Others hail it as the solution to most of the country’s problems. Stephen C. Yeazell argues that both positions are wrong. Deeply embedded in our political and economic systems, civil litigation is both a system for resolving disputes and a successful business model, a fact that both its opponents and its fans do their best to conceal. Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions—some of which have proved remarkably durable even in the face of contrary evidence—and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Yeazell argues that today’s system has in some ways overcome—albeit inconsistently—disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today—even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.
Author: Phyllis Schlafly
Publisher: Simon and Schuster
ISBN: 1621576302
Category : Political Science
Languages : en
Pages : 137
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Book Description
A book to challenge the status quo, spark a debate, and get people talking about the issues and questions we face as a country!
Author: Jonathan Marks
Publisher: Princeton University Press
ISBN: 0691207720
Category : Education
Languages : en
Pages : 248
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Book Description
A conservative college professor's compelling defense of liberal education Not so long ago, conservative intellectuals such as William F. Buckley Jr. believed universities were worth fighting for. Today, conservatives seem more inclined to burn them down. In Let's Be Reasonable, conservative political theorist and professor Jonathan Marks finds in liberal education an antidote to this despair, arguing that the true purpose of college is to encourage people to be reasonable—and revealing why the health of our democracy is at stake. Drawing on the ideas of John Locke and other thinkers, Marks presents the case for why, now more than ever, conservatives must not give up on higher education. He recognizes that professors and administrators frequently adopt the language and priorities of the left, but he explains why conservative nightmare visions of liberal persecution and indoctrination bear little resemblance to what actually goes on in college classrooms. Marks examines why advocates for liberal education struggle to offer a coherent defense of themselves against their conservative critics, and demonstrates why such a defense must rest on the cultivation of reason and of pride in being reasonable. More than just a campus battlefield guide, Let's Be Reasonable recovers what is truly liberal about liberal education—the ability to reason for oneself and with others—and shows why the liberally educated person considers reason to be more than just a tool for scoring political points.
Author: Corey Robin
Publisher: Oxford University Press
ISBN: 0190692006
Category : History
Languages : en
Pages : 353
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Book Description
Now updated to include Trump's election and the rise of global populism, Corey Robin's 'The Reactionary Mind' traces conservatism back to its roots in the reaction against the French Revolution.
Author: Adam Cohen
Publisher: Penguin
ISBN: 0735221529
Category : Political Science
Languages : en
Pages : 458
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Book Description
“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Author: Brian G. Slocum
Publisher: University of Chicago Press
ISBN: 022660182X
Category : Law
Languages : en
Pages : 268
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Book Description
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Author: Janie L. Leatherman
Publisher: John Wiley & Sons
ISBN: 0745658350
Category : Political Science
Languages : en
Pages : 178
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Book Description
Every year, hundreds of thousands of women become victims of sexual violence in conflict zones around the world; in the Democratic Republic of Congo alone, approximately 1,100 rapes are reported each month. This book offers a comprehensive analysis of the causes, consequences and responses to sexual violence in contemporary armed conflict. It explores the function and effect of wartime sexual violence and examines the conditions that make women and girls most vulnerable to these acts both before, during and after conflict. To understand the motivations of the men (and occasionally women) who perpetrate this violence, the book analyzes the role played by systemic and situational factors such as patriarchy and militarized masculinity. Difficult questions of accountability are tackled; in particular, the case of child soldiers, who often suffer a double victimization when forced to commit sexual atrocities. The book concludes by looking at strategies of prevention and protection as well as new programs being set up on the ground to support the rehabilitation of survivors and their communities. Sexual violence in war has long been a taboo subject but, as this book shows, new and courageous steps are at last being taken Ð at both local and international level - to end what has been called the “greatest silence in history”.
