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This book shows how an increasingly conservative Supreme Court has undermined the enforcement of rights through strategies rejected by Congress.
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...
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.
Examines how and why private plaintiff-driven litigation has become the dominant model for enforcing federal regulation.
The legislative attack on public sector unionism that gave rise to the uproar in Wisconsin and other union strongholds in 2011 was not just a reaction to the contemporary economic difficulties faced by the government. Rather, it was the result of a longstanding political and ideological hostility to the very idea of trade unionism put forward by a conservative movement whose roots go as far back as the Haymarket Riot of 1886. The controversy in Madison and other state capitals reveals that labor's status and power has always been at the core of American conservatism, today as well as a century ago. The Right and Labor in America explores the multifaceted history and range of conservative hos...
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...
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.
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.
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...
This book examines nine critical issues in the politics of major programmatic reforms in post-World War II America.