no day in court access to justice and the politics of judicial retrenchment studies in postwar american political development

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No Day In Court

Author : Sarah L. Staszak
ISBN : 9780199399031
Genre : Law
File Size : 44. 25 MB
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Revision of author's disseration (doctoral - Brandeis University, 2010), issued under title: The politics of judicial retrenchment.

When Bad Policy Makes Good Politics

Author : Robert P. Saldin
ISBN : 9780190255459
Genre : Political Science
File Size : 61. 7 MB
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Since the 1960s, America's policymaking system has transitioned from one in which leaders like Lyndon Johnson could simply disparage the concept of budget projections to one in which policymakers consciously manipulate cost estimates. Paradoxically, the very safeguards put in place to thwart economically unsound legislation now cause chaos by incentivizing the development of flawed, even blatantly unworkable, policies. As Robert Saldin shows in When Bad Policy Makes Good Politics, the pathologies of the new system are illustrated by the Community Living Assistance Services and Supports Act and its role in aiding passage of President Obama's landmark health reform law. CLASS was supposed to bring much needed relief of America's dysfunctional long-term care system, but critics argued that its flawed design rendered the program unviable. However, what appeared to be a naïve proposal was actually a carefully framed policy designed to fit the rules of the game, particularly the Congressional Budget Office's cost-projection process. Although CLASS was destined for a "death spiral" requiring massive government bailouts, the CBO estimated it would save tens of billions of dollars. These official "savings" made CLASS an appealing add-on to the Affordable Care Act. But when the Obama administration later announced that CLASS was impossible to implement, America's long-term care system was left in crisis. This skillful examination of CLASS and the machinations of Congress provides insight into how the contemporary policymaking process really functions.

Rights And Retrenchment

Author : Stephen B. Burbank
ISBN : 9781108184090
Genre : Law
File Size : 74. 85 MB
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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.

Building A Business Of Politics

Author : Adam Sheingate
ISBN : 9780190217198
Genre : Campaign funds
File Size : 36. 30 MB
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Political races in the United States rely heavily on highly paid political consultants who carefully curate the images of politicians, advise candidates on polling and analytics, and shape voters' perceptions through marketing and advertising techniques. More than half of the $6 billion spent in the 2012 election went to consultants who controlled virtually every aspect of the campaigns, from polling, fundraising, and media to more novel techniques of social media and micro-targeting. These consultants play a central role in political campaigns-determining not only how the public sees politicians, but also how politicians see the public. In Building a Business of Politics, author Adam Sheingate traces the history of political consultants from its origins in the publicity experts and pollsters of the 1920s and 1930s to the strategists and media specialists of the 1970s who transformed political campaigns into a highly profitable business. Today, consultants command a hefty fee from politicians as they turn campaign cash from special interest groups and wealthy donors into advertisements, polls, and direct mail solicitations characteristic of modern campaigns. The implications of this system on the state of American democracy are significant: the rise of the permanent campaign brings with it the rise of a permanent campaign industry. A professional political class stands between the voters and those who claim to represent them, influencing messages on both sides. Sheingate not only shows how political consultants have reshaped politics, though; he also covers recent developments like the commercialization of digital campaign tools and the consolidation of the political consulting industry into global media conglomerates. Building a Business of Politics is both a definitive account of the consulting profession and a powerful reinterpretation of how political professionals reshaped American democracy in the modern era.

The Business Of America Is Lobbying

Author : Lee Drutman
ISBN : 9780190215538
Genre : Political Science
File Size : 68. 7 MB
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Corporate lobbyists are everywhere in Washington. Of the 100 organizations that spend the most on lobbying, 95 represent business. The largest companies now have upwards of 100 lobbyists representing them. How did American businesses become so invested in politics? And what does all their money buy? Drawing on extensive data and original interviews with corporate lobbyists, The Business of America is Lobbying provides a fascinating and detailed picture of what corporations do in Washington, why they do it, and why it matters. Prior to the 1970s, very few corporations had Washington offices. But a wave of new government regulations and declining economic conditions mobilized business leaders. Companies developed new political capacities, and managers soon began to see public policy as an opportunity, not just a threat. Ever since, corporate lobbying has become increasingly more pervasive, more proactive, and more particularistic. Lee Drutman argues that lobbyists drove this development, helping managers to see why politics mattered, and how proactive and aggressive engagement could help companies' bottom lines. All this lobbying doesn't guarantee influence. Politics is a messy and unpredictable bazaar, and it is more competitive than ever. But the growth of lobbying has driven several important changes that make business more powerful. The status quo is harder to dislodge; policy is more complex; and, as Congress increasingly becomes a farm league for K Street, more and more of Washington's policy expertise now resides in the private sector. These and other changes increasingly raise the costs of effective lobbying to a level only businesses can typically afford. Lively and engaging, rigorous and nuanced, The Business of America is Lobbying will change how we think about lobbying-and how we might reform it.

Below The Radar

Author : Alison L. Gash
ISBN : 9780190266301
Genre : Political Science
File Size : 70. 44 MB
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In 1993, the nation exploded into anti-same sex marriage fervor when the Hawaii Supreme Court issued its decision to support marriage equality for gay and lesbian couples. Opponents feared that all children, but especially those raised by lesbian or gay couples, would be harmed by the possibility of same-sex marriage, and warned of the consequences for society at large. Congress swiftly enacted the Defense of Marriage Act, defining marriage as between a man and a woman, and many states followed suit. Almost a decade before the Hawaii court issued its decision, however, several courts in multiple states had granted gay and lesbian couples co-parenting status, permitting each individual in the couple to be legally recognized as joint parents over their children. By 2006, advocates in half the states had secured court decisions supporting gay and lesbian co-parenting, and incurred far fewer public reprisals than on the marriage front. What accounts for the stark difference in reactions to two contemporaneous same-sex family policy fights? In Below the Radar, Alison Gash argues that advocacy visibility has played a significant role in determining whether advocacy efforts become mired in conflict or bypass hostile backlash politics. Same-sex parenting advocates are not alone in crafting low-visibility advocacy strategies to ward off opposition efforts. Those who operate, reside in, and advocate for group homes serving individuals with disabilities have also used below-the-radar strategies to diminish the damage cause by NIMBY ("not in my back yard") responses to their requests to move into single-family neighborhoods. Property owners have resorted to slander, subterfuge, or even arson to discourage group homes from locating in their neighborhoods, and for some advocates, secrecy provides the best elixir. Not every fight for civil rights grabs headlines, but sometimes, this is by design. Gash's groundbreaking analyses of these strategies provide a glimpse of the prophylactic and palliative potential of low-visibility advocacy.

Follow The Money

Author : Sarah Reckhow
ISBN : 9780199937738
Genre : Education
File Size : 59. 34 MB
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Some of the nation's wealthiest philanthropies, including the Bill and Melinda Gates Foundation, the Walton Family Foundation, and the Broad Foundation have invested hundreds of millions of dollars in education reform. With vast wealth and a political agenda, these foundations have helped to reshape the reform landscape in urban education. In Follow the Money, Sarah Reckhow shows where and how foundation investment in education is occurring and presents in-depth analysis of the effects of these investments within the two largest urban districts in the United States: New York City and Los Angeles. In New York City, centralized political control and the use of private resources have enabled rapid implementation of reform proposals. Yet this potent combination of top-down authority and outside funding also poses serious questions about transparency, responsiveness, and democratic accountability in New York. Furthermore, the sustainability of reform policies is closely linked to the political fortunes of the current mayor and his chosen school leader. While the media has highlighted the efforts of drastic reformers and dominating leaders such as Joel Klein in New York City and Michelle Rhee in Washington, D.C., a slower, but possibly more transformative, set of reforms have been taking place in Los Angeles. These reforms were also funded and shaped by major foundations, but they work from the bottom up, through charter school operators managing networks of schools. This strategy has built grassroots political momentum and demand for reform in Los Angeles that is unmatched in New York City and other districts with mayoral control. Reckhow's study of Los Angeles's education system shows how democratically responsive urban school reform could occur-pairing foundation investment with broad grassroots involvement. Bringing a sharp analytical eye and a wealth of evidence to one of the most politicized issues of our day, Follow the Money will reshape our thinking about educational reform in America.

The Other Rights Revolution

Author : Assistant Professor of American Studies and Political Science Jefferson Decker
ISBN : 9780190467319
Genre : Cause lawyers
File Size : 22. 82 MB
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In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state--the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians--with some help from angry property owners and bulldozer-driving Sagebrush Rebels--tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history--including the regionally distinctive experiences of the American West--behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.

Building The Federal Schoolhouse

Author : Douglas S. Reed
ISBN : 9780199838486
Genre : Education
File Size : 72. 51 MB
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Over the past 50 years, the federal government's efforts to reform American public education have transformed U.S. schools from locally-run enterprises to complex systems in which federal, state and local actors jointly construct the educational environment of U.S. children. Through struggles over school integration, the growth of special education, the teaching of English learners and the rise of accountability politics, the federal role in U.S. education has meant a profound reconstruction of local expectations, roles and political alignments. Seeking to construct the federal schoolhouse - an educational system in which there are common national expectations and practices - has meant the creation of new modes of education within local institutions. The creation of this education state" has also meant that federal educational initiatives have collided with - or reinforced - local political regimes in cities and suburbs alike. To the extent that "all politics is local," the federal role in public schools has changed both the conduct and the norms of local educational politics. Building the Federal Schoolhouse examines how increasing federal authority over public education in the U.S. changes the practices of "operational localism" in education and how local regime commitments implement, thwart, or even block federal policy initiatives. The book examines these issues through an in-depth, fifty year examination of federal educational policies at work within onecommunity, Alexandria, Virginia. The home of T.C. Williams High School, memorialized in the Hollywood movie Remember the Titans, Alexandria has been transformed within two generations from a Jim Crow school system to a new immigrant gateway school district with over 20 percent of its students English learners. Along the way, the school system has struggled to provide quality education for special needs students, sought to overcome the legacies of tracking and segregated learning and simultaneously retain upper-middle class students in this wealthy suburb of Washington, DC. Most recently, it has grappled with state and federally imposed accountability measures that seek to boost educational outcomes. All of these policy initiatives have contended with the existing political regime within Alexandria, at times forcing the local regime to a breaking point, and at times bolstering its reconstruction. At the same time, the local expectations and governing realities of administrators, parents, politicians and voters alike have sharply constrained federal initiatives, limiting their scope when in conflict with local commitments and amplifying them when they align. Through an extensive use of local archives, contemporary accounts, school data and interviews, Reed not only paints an intimate portrait of the conflicts that the creation of the federal schoolhouse has wrought in Alexandria, but also documents the successes of the federal commitment to greater educational opportunity. In so doing, he highlights the complexity of the American education state and the centrality of local regimes and local historical context to federal efforts to reform education."

Ideas With Consequences

Author : Amanda Hollis-Brusky
ISBN : 9780199385522
Genre : Political Science
File Size : 62. 14 MB
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"There are few intellectual movements in American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization has now become the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It can claim 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper. In Ideas with Consequences, Amanda Hollis-Brusky, an expert on conservative legal movements, provides the first ever comprehensive documentation of how the Federalist Society exerts its influence. Drawing from a huge trove of documents, transcripts, and interviews, she presents a series of important legal questions and explains how the Federalist Society managed to revolutionize the jurisprudence for each one. 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. With unparalleled research and analysis of some of the hottest political and judicial issues of our time, Ideas with Consequences is the essential guide to the Federalist Society at a time when its power has broader implications than ever"--

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