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Rights and Retrenchment
This book shows how an increasingly conservative Supreme Court has undermined the enforcement of rights through strategies rejected by Congress.
The Rights Revolution Revisited
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.
The Litigation State
Examines how and why private plaintiff-driven litigation has become the dominant model for enforcing federal regulation.
The Litigation State
Of the 1.65 million lawsuits enforcing federal laws over the past decade, 3 percent were prosecuted by the federal government, while 97 percent were litigated by private parties. When and why did private plaintiff-driven litigation become a dominant model for enforcing federal regulation? The Litigation State shows how government legislation created the nation's reliance upon private litigation, and investigates why Congress would choose to mobilize, through statutory design, private lawsuits to implement federal statutes. Sean Farhang argues that Congress deliberately cultivates such private lawsuits partly as a means of enforcing its will over the resistance of opposing presidents. Farhang...
Conservative Innovators
As American politics has become increasingly polarized, gridlock at the federal level has led to a greater reliance on state governments to get things done. But this arrangement depends a great deal on state cooperation, and not all state officials have chosen to cooperate. Some have opted for conflict with the federal government. Conservative Innovators traces the activity of far-right conservatives in Kansas who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Telling their story, Ben Merriman then expands the scope of the book to look at the tactics used by conservative state g...
The Conservative Case for Class Actions
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 ma...
Yale Law Journal: Volume 123, Number 3 - December 2013
The December issue of The Yale Law Journal (the third of Volume 123, academic year 2013-2014) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: * Article, "The Interpretation-Construction Distinction in Patent Law," by Tun-Jen Chiang & Lawrence B. Solum * Article, "Agencies as Litigation Gatekeepers," by David Freeman Engstrom * Essay,"Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse," by Ian Ayres & Richard Luedeman * Review, "Why Protect Religious Freedom?," by Michael W. McConnell * Note, "The Case for Tax: A Comparative Approach to Innovation Policy," by Shaun P. Mahaffy Quality ebook formatting includes fully linked footnotes, active Table of Contents (including linked Contents for individual articles), active URLs in notes, and properly presented tables and graphs throughout.
The Best of 2014
At Foreign Affairs we’ve published a ton of great content in 2014, and we’ve picked out ten of our favorite articles from the print edition and ten from the web to show you just what we’ve been up to over the last year. Highlights include “Capital Punishment,” in which Tyler Cowen explains why French economist Thomas Piketty’s book on economic inequality is brilliant but fundamentally flawed. “Why the Ukraine Crisis Is the West’s Fault,” John Mearsheimer’s blockbuster article on Washington and its European allies’ responsibility for the Ukraine crisis, will make you rethink your opinion of recent Russian behavior. In “Meet Pakistan’s Lady Cadets,” Aeyliya Husain offers an eye-opening account of a small group of women making its way through the Pakistan Military Academy. Finally, Hamas is only the latest in a long line of groups to use tunnels to wage war. In “Notes from the Underground,” Arthur Herman writes that there’s no way to know how long drones and the like will last. But as long as there is warfare, tunnels will almost certainly be part of the fight. We hope you enjoy the collection and come back for more in 2015.
Recalibrating Reform
Stuart Chinn highlights this phenomenon, dubbed 'recalibration', as a regular companion to reform, and highlights the barriers to, and possibilities for, change in American politics.
The Oxford Handbook of American Political Development
Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics - and thus they question stylized facts about America's political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in...
