The Rise Of The Conservative Legal Movement

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The Rise of the Conservative Legal Movement

Author : Steven M. Teles
Publisher : Princeton University Press
Page : 363 pages
File Size : 50,9 Mb
Release : 2012-01-16
Category : Law
ISBN : 9781400829699

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The Rise of the Conservative Legal Movement by Steven M. Teles Pdf

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

Author : Steven Michael Teles
Publisher : Unknown
Page : 339 pages
File Size : 49,8 Mb
Release : 2008-01-01
Category : Law
ISBN : 0691122083

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The Rise of the Conservative Legal Movement by Steven Michael Teles Pdf

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

Author : Ann Southworth
Publisher : University of Chicago Press
Page : 268 pages
File Size : 44,7 Mb
Release : 2009-08-01
Category : Political Science
ISBN : 9780226768366

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Lawyers of the Right by Ann Southworth Pdf

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

Author : Michael Avery,Danielle McLaughlin
Publisher : Vanderbilt University Press
Page : 503 pages
File Size : 51,8 Mb
Release : 2021-04-30
Category : Law
ISBN : 9780826503398

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The Federalist Society by Michael Avery,Danielle McLaughlin Pdf

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 Rise and Fall of Modern American Conservatism

Author : David Farber
Publisher : Princeton University Press
Page : 309 pages
File Size : 47,6 Mb
Release : 2012-08-26
Category : History
ISBN : 9781400834297

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The Rise and Fall of Modern American Conservatism by David Farber Pdf

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. Some images inside the book are unavailable due to digital copyright restrictions.

White Protestant Nation

Author : Allan J. Lichtman
Publisher : Grove Press
Page : 628 pages
File Size : 48,8 Mb
Release : 2008
Category : History
ISBN : 0802144209

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White Protestant Nation by Allan J. Lichtman Pdf

Examines the origins, development, and achievements of conservatism in the United States, from the birth of the modern right in the 1920s through the restoration of the conservative consensus at the end of the twentieth century.

Ideas with Consequences

Author : Amanda Hollis-Brusky
Publisher : Studies in Postwar American Po
Page : 265 pages
File Size : 47,5 Mb
Release : 2015
Category : Law
ISBN : 9780199385522

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Ideas with Consequences by Amanda Hollis-Brusky Pdf

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.

Adversarial Legalism

Author : Robert A. KAGAN,Robert A Kagan
Publisher : Harvard University Press
Page : 353 pages
File Size : 52,5 Mb
Release : 2009-06-30
Category : Law
ISBN : 9780674039278

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Adversarial Legalism by Robert A. KAGAN,Robert A Kagan Pdf

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.

Conservatives and the Constitution

Author : Ken I. Kersch
Publisher : Cambridge University Press
Page : 431 pages
File Size : 43,6 Mb
Release : 2019-03-28
Category : History
ISBN : 9780521193108

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Conservatives and the Constitution by Ken I. Kersch Pdf

Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.

Postwar American Fiction and the Rise of Modern Conservatism

Author : Bryan M. Santin
Publisher : Cambridge University Press
Page : 307 pages
File Size : 51,8 Mb
Release : 2021-03-11
Category : Literary Criticism
ISBN : 9781108832656

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Postwar American Fiction and the Rise of Modern Conservatism by Bryan M. Santin Pdf

Shows how shifting views on race caused the American conservative movement to surrender highbrow fiction to to progressive liberals.

The Conservative Sensibility

Author : George F. Will
Publisher : Hachette Books
Page : 640 pages
File Size : 53,5 Mb
Release : 2019-06-04
Category : Political Science
ISBN : 9780316480918

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The Conservative Sensibility by George F. Will Pdf

The Pulitzer Prize-winning columnist's "astonishing" and "enthralling" New York Times bestseller and Notable Book about how the Founders' belief in natural rights created a great American political tradition (Booklist) -- "easily one of the best books on American Conservatism ever written" (Jonah Goldberg). For more than four decades, George F. Will has attempted to discern the principles of the Western political tradition and apply them to America's civic life. Today, the stakes could hardly be higher. Vital questions about the nature of man, of rights, of equality, of majority rule are bubbling just beneath the surface of daily events in America. The Founders' vision, articulated first in the Declaration of Independence and carried out in the Constitution, gave the new republic a framework for government unique in world history. Their beliefs in natural rights, limited government, religious freedom, and in human virtue and dignity ushered in two centuries of American prosperity. Now, as Will shows, conservatism is under threat -- both from progressives and elements inside the Republican Party. America has become an administrative state, while destructive trends have overtaken family life and higher education. Semi-autonomous executive agencies wield essentially unaccountable power. Congress has failed in its duty to exercise its legislative powers. And the executive branch has slipped the Constitution's leash. In the intellectual battle between the vision of Founding Fathers like James Madison, who advanced the notion of natural rights that pre-exist government, and the progressivism advanced by Woodrow Wilson, the Founders have been losing. It's time to reverse America's political fortunes. Expansive, intellectually thrilling, and written with the erudite wit that has made Will beloved by millions of readers, The Conservative Sensibility is an extraordinary new book from one of America's most celebrated political writers.

Prison Break

Author : David Dagan,Steven Teles
Publisher : Oxford University Press
Page : 224 pages
File Size : 54,7 Mb
Release : 2016-05-02
Category : Political Science
ISBN : 9780190246457

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Prison Break by David Dagan,Steven Teles Pdf

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.

Separate But Faithful

Author : Amanda Hollis-Brusky,Joshua C. Wilson
Publisher : Oxford University Press, USA
Page : 313 pages
File Size : 47,5 Mb
Release : 2020
Category : Law
ISBN : 9780190637262

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Separate But Faithful by Amanda Hollis-Brusky,Joshua C. Wilson Pdf

The Frankfurter adage (or why legal movements need support structures) -- The genesis of the Christian conservative legal movement & the road not taken -- In the beginning : creation stories -- Human capital (or, "a generation of Christian attorneys") -- Social & cultural capital (or "credibility capital") -- Intellectual capital : preaching to convert or to the converted? -- At the apex of the support structure pyramid.

If Not Us, Who?

Author : David B. Frisk
Publisher : Open Road Media
Page : 796 pages
File Size : 44,6 Mb
Release : 2014-03-11
Category : Biography & Autobiography
ISBN : 9781480493001

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If Not Us, Who? by David B. Frisk Pdf

If Not Us, Who? is both the story of an architect of the modern conservative movement and a colorful journey through a half century of high-level politics. Best known as the longtime publisher of National Review, William Rusher (1923–2011) was more than just a crucial figure in the history of the Right’s leading magazine. He was a political intellectual, tactician, and strategist who helped shape the historic rise of conservatism. To write If Not Us, Who?, David B. Frisk pored over Rusher’s voluminous papers at the Library of Congress and interviewed dozens of insiders, including National Review founder William F. Buckley Jr., in addition to Rusher himself. The result is a gripping biography that shines new light on Rusher’s significance as an observer and an activiast while bringing to life more than a generation’s worth of political hopes, fears, and controversies. Frisk vividly captures the joys and struggles at National Review, including Rusher’s complex relationship with the legendary Buckley. Here we see the powerful blend of wit, erudition, dedication, shrewdness, and earnestness that made Rusher an influential figure at NR and an indispensable link between conservatism’s leading theorists and its political practitioners. “If not us, who? If not now, when?”—a maxim often attributed to Ronald Reagan—could have been Rusher’s motto. In everything he did—publishing National Review, recruiting and advising political candidates, organizing cadres of young conservatives, taking on liberal advocates in a popular television debate program, writing a syndicated column—his objective was to build a movement. His tireless efforts proved essential to conservatism’s ascendancy, from the pivotal Goldwater campaign through the Reagan era. Largely unexamined until now, Rusher’s career opens a new window onto the history of the conservative movement. This comprehensive biography reintroduces readers to a remarkable man of thought and action.

Law and Order

Author : Michael W. Flamm
Publisher : Columbia University Press
Page : 322 pages
File Size : 53,5 Mb
Release : 2005
Category : History
ISBN : 9780231115131

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Law and Order by Michael W. Flamm Pdf

Law and Order offers a valuable new study of the political and social history of the 1960s. It presents a sophisticated account of how the issues of street crime and civil unrest enhanced the popularity of conservatives, eroded the credibility of liberals, and transformed the landscape of American politics. Ultimately, the legacy of law and order was a political world in which the grand ambitions of the Great Society gave way to grim expectations. In the mid-1960s, amid a pervasive sense that American society was coming apart at the seams, a new issue known as law and order emerged at the forefront of national politics. First introduced by Barry Goldwater in his ill-fated run for president in 1964, it eventually punished Lyndon Johnson and the Democrats and propelled Richard Nixon and the Republicans to the White House in 1968. In this thought-provoking study, Michael Flamm examines how conservatives successfully blamed liberals for the rapid rise in street crime and then skillfully used law and order to link the understandable fears of white voters to growing unease about changing moral values, the civil rights movement, urban disorder, and antiwar protests. Flamm documents how conservatives constructed a persuasive message that argued that the civil rights movement had contributed to racial unrest and the Great Society had rewarded rather than punished the perpetrators of violence. The president should, conservatives also contended, promote respect for law and order and contempt for those who violated it, regardless of cause. Liberals, Flamm argues, were by contrast unable to craft a compelling message for anxious voters. Instead, liberals either ignored the crime crisis, claimed that law and order was a racist ruse, or maintained that social programs would solve the "root causes" of civil disorder, which by 1968 seemed increasingly unlikely and contributed to a loss of faith in the ability of the government to do what it was above all sworn to do-protect personal security and private property.