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 : 43. 3 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 : 84. 96 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.

Lawyers Lawsuits And Legal Rights

Author : Thomas Frederick Burke
ISBN : 0520227271
Genre : Law
File Size : 33. 50 MB
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The struggle over litigation in American society is explored in this groundbreaking study of the American legal system that reveals why the United States has become such a litigious society. (Politics & Government)

Rights And Retrenchment

Author : Stephen B. Burbank
ISBN : 9781108184090
Genre : Law
File Size : 82. 46 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 : 25. 29 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.

Follow The Money

Author : Sarah Reckhow
ISBN : 9780199937738
Genre : Education
File Size : 56. 90 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.

Below The Radar

Author : Alison L. Gash
ISBN : 9780190266301
Genre : Political Science
File Size : 33. 65 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.

The First Civil Right

Author : Naomi Murakawa
ISBN : 9780199380725
Genre : Law
File Size : 56. 37 MB
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The explosive rise in the U.S. incarceration rate in the second half of the twentieth century, and the racial transformation of the prison population from mostly white at mid-century to sixty-five percent black and Latino in the present day, is a trend that cannot easily be ignored. Many believe that this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people. In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after. Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more. Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their 'first civil right-physical safety-eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom. The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America.

Ideas With Consequences

Author : Amanda Hollis-Brusky
ISBN : 9780199385522
Genre : Political Science
File Size : 67. 51 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"--

Rich People S Movements

Author : Isaac Martin
ISBN : 9780199389995
Genre : History
File Size : 57. 45 MB
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On tax day, April 15, 2010, hundreds of thousands of Americans took to the streets with signs demanding lower taxes on the richest one percent. But why? Rich people have plenty of political influence. Why would they need to publicly demonstrate for lower taxes-and why would anyone who wasn't rich join the protest on their behalf? Isaac William Martin shows that such protests long predate the Tea Party of our own time. Ever since the Sixteenth Amendment introduced a Federal income tax in 1913, rich Americans have protested new public policies that they thought would threaten their wealth. But while historians have taught us much about the conservative social movements that reshaped the Republican Party in the late 20th century, the story of protest movements explicitly designed to benefit the wealthy is still little known. Rich People's Movements is the first book to tell that story, tracking a series of protest movements that arose to challenge an expanding welfare state and progressive taxation. Drawing from a mix of anti-progressive ideas, the leaders of these movements organized scattered local constituencies into effective campaigns in the 1920s, 1950s, 1980s, and our own era. Martin shows how protesters on behalf of the rich appropriated the tactics used by the Left-from the Populists and Progressives of the early twentieth century to the feminists and anti-war activists of the 1950s and 1960s. He explores why the wealthy sometimes cut secret back-room deals and at other times protest in the public square. He also explains why people who are not rich have so often rallied to their cause. For anyone wanting to understand the anti-tax activists of today, including notable defenders of wealth inequality like the Koch brothers, the historical account in Rich People's Movements is an essential guide.

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