The Rise of the Conservative Legal Movement

The Rise of the Conservative Legal Movement PDF Author: Steven Michael Teles
Publisher:
ISBN: 9780691122083
Category : Law
Languages : en
Pages : 339

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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.

The Rise of the Conservative Legal Movement

The Rise of the Conservative Legal Movement PDF Author: Steven Michael Teles
Publisher:
ISBN: 9780691122083
Category : Law
Languages : en
Pages : 339

Get Book Here

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.

Lawyers of the Right

Lawyers of the Right PDF Author: Ann Southworth
Publisher: University of Chicago Press
ISBN: 0226768368
Category : Political Science
Languages : en
Pages : 268

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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.

The Federalist Society

The Federalist Society PDF Author: Michael Avery
Publisher: Vanderbilt University Press
ISBN: 082650339X
Category : Law
Languages : en
Pages : 525

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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

The Burger Court and the Rise of the Judicial Right

The Burger Court and the Rise of the Judicial Right PDF Author: Michael J. Graetz
Publisher: Simon and Schuster
ISBN: 1476732515
Category : History
Languages : en
Pages : 480

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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.

Adversarial Legalism

Adversarial Legalism PDF Author: Robert A. KAGAN
Publisher: Harvard University Press
ISBN: 0674039270
Category : Law
Languages : en
Pages : 353

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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.

Ideas with Consequences

Ideas with Consequences PDF Author: Amanda Hollis-Brusky
Publisher:
ISBN: 0199385521
Category : Law
Languages : en
Pages : 265

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Book Description
Amanda Hollis-Brusky shows how the Federalist Society serves as the hub of a complex circulatory system and how the ideas it generates have become the lifeblood of the conservative movement

The Rise of the Conservative Legal Movement

The Rise of the Conservative Legal Movement PDF Author: Steven M. Teles
Publisher: Princeton University Press
ISBN: 1400829690
Category : Law
Languages : en
Pages : 363

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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.

The Rise and Fall of Modern American Conservatism

The Rise and Fall of Modern American Conservatism PDF Author: David Farber
Publisher: Princeton University Press
ISBN: 0691156069
Category : History
Languages : en
Pages : 312

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Book Description
The story of modern conservatism through the lives of six leading figures The Rise and Fall of Modern American Conservatism tells the gripping story of perhaps the most significant political force of our time through the lives and careers of six leading figures at the heart of the movement. David Farber traces the history of modern conservatism from its revolt against New Deal liberalism, to its breathtaking resurgence under Ronald Reagan, to its spectacular defeat with the election of Barack Obama. Farber paints vivid portraits of Robert Taft, William F. Buckley Jr., Barry Goldwater, Phyllis Schlafly, Ronald Reagan, and George W. Bush. He shows how these outspoken, charismatic, and frequently controversial conservative leaders were united by a shared insistence on the primacy of social order, national security, and economic liberty. Farber demonstrates how they built a versatile movement capable of gaining and holding power, from Taft's opposition to the New Deal to Buckley's founding of the National Review as the intellectual standard-bearer of modern conservatism; from Goldwater's crusade against leftist politics and his failed 1964 bid for the presidency to Schlafly's rejection of feminism in favor of traditional gender roles and family values; and from Reagan's city upon a hill to conservatism's downfall with Bush's ambitious presidency. The Rise and Fall of Modern American Conservatism provides rare insight into how conservatives captured the American political imagination by claiming moral superiority, downplaying economic inequality, relishing bellicosity, and embracing nationalism. This concise and accessible history reveals how these conservative leaders discovered a winning formula that enabled them to forge a powerful and formidable political majority.

Prison Break

Prison Break PDF Author: David Dagan
Publisher: Oxford University Press
ISBN: 0190246456
Category : Political Science
Languages : en
Pages : 257

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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.

The Rights Turn in Conservative Christian Politics

The Rights Turn in Conservative Christian Politics PDF Author: Andrew R. Lewis
Publisher: Cambridge University Press
ISBN: 1108285619
Category : Political Science
Languages : en
Pages : 293

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Book Description
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.