The Conservative Case For Class Actions

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The Conservative Case For Class Actions

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Author : Brian T. Fitzpatrick
language : en
Publisher: University of Chicago Press
Release Date : 2019-11-01

The Conservative Case For Class Actions written by Brian T. Fitzpatrick and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-01 with Law categories.

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 markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.

The Conservative Assault On The Constitution

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Author : Erwin Chemerinsky
language : en
Publisher: Simon and Schuster
Release Date : 2010-09-28

The Conservative Assault On The Constitution written by Erwin Chemerinsky and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-28 with History categories.

Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.

Let S Be Reasonable

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Author : Jonathan Marks
language : en
Publisher: Princeton University Press
Release Date : 2023-01-31

Let S Be Reasonable written by Jonathan Marks and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-31 with Education categories.

A conservative college professor's compelling defense of liberal education Not so long ago, conservative intellectuals such as William F. Buckley Jr. believed universities were worth fighting for. Today, conservatives seem more inclined to burn them down. In Let's Be Reasonable, conservative political theorist and professor Jonathan Marks finds in liberal education an antidote to this despair, arguing that the true purpose of college is to encourage people to be reasonable—and revealing why the health of our democracy is at stake. Drawing on the ideas of John Locke and other thinkers, Marks presents the case for why, now more than ever, conservatives must not give up on higher education. He recognizes that professors and administrators frequently adopt the language and priorities of the left, but he explains why conservative nightmare visions of liberal persecution and indoctrination bear little resemblance to what actually goes on in college classrooms. Marks examines why advocates for liberal education struggle to offer a coherent defense of themselves against their conservative critics, and demonstrates why such a defense must rest on the cultivation of reason and of pride in being reasonable. More than just a campus battlefield guide, Let's Be Reasonable recovers what is truly liberal about liberal education—the ability to reason for oneself and with others—and shows why the liberally educated person considers reason to be more than just a tool for scoring political points.

The Litigation State

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Author : Sean Farhang
language : en
Publisher: Princeton University Press
Release Date : 2010-08-02

The Litigation State written by Sean Farhang and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-02 with Law categories.

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 reveals that private lawsuits, functioning as an enforcement resource, are a profoundly important component of American state capacity. He demonstrates how the distinctive institutional structure of the American state--particularly conflict between Congress and the president over control of the bureaucracy--encourages Congress to incentivize private lawsuits. Congress thereby achieves regulatory aims through a decentralized army of private lawyers, rather than by well-staffed bureaucracies under the president's influence. The historical development of ideological polarization between Congress and the president since the late 1960s has been a powerful cause of the explosion of private lawsuits enforcing federal law over the same period. Using data from many policy areas spanning the twentieth century, and historical analysis focused on civil rights, The Litigation State investigates how American political institutions shape the strategic design of legislation to mobilize private lawsuits for policy implementation.

Point Made

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Author : Ross Guberman
language : en
Publisher: OUP Us
Release Date : 2014-04

Point Made written by Ross Guberman and has been published by OUP Us this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04 with Law categories.

In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.

The Federalist Society

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Author : Michael Avery
language : en
Publisher: Vanderbilt University Press
Release Date : 2013

The Federalist Society written by Michael Avery and has been published by Vanderbilt University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Health & Fitness categories.

How conservative ideas rose to a position of dominance in law and politics

The Tea Party And The Remaking Of Republican Conservatism

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Author : Theda Skocpol
language : en
Publisher: Oxford University Press
Release Date : 2016

The Tea Party And The Remaking Of Republican Conservatism written by Theda Skocpol and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with History categories.

In this penetrating new study, Skocpol of Harvard University, one of today's leading political scientists, and co-author Williamson go beyond the inevitable photos of protesters in tricorn hats and knee breeches to provide a nuanced portrait of the Tea Party. What they find is sometimes surprising.

Supreme Ambition

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Author : Ruth Marcus
language : en
Publisher: Simon and Schuster
Release Date : 2019-12-03

Supreme Ambition written by Ruth Marcus and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-03 with Political Science categories.

The Washington Post journalist and legal expert Ruth Marcus goes behind the scenes to document the inside story of the Brett Kavanaugh confirmation battle and the Republican plot to take over the Supreme Court—thirty years in the making—in this “impressively reported, highly insightful, and rollicking good read” (The New York Times Book Review). In the summer of 2018 the Kavanaugh drama unfolded so fast it seemed to come out of nowhere. With the power of the #MeToo movement behind her, a terrified but composed Christine Blasey Ford walked into a Senate hearing room to accuse Kavanaugh of sexual assault. This unleashed unprecedented fury from a Supreme Court nominee who accused Democrats of a “calculated and orchestrated political hit.” But behind this showdown was a much bigger one. The Washington Post journalist and legal expert Ruth Marcus documents the thirty-year mission by conservatives to win a majority on the Supreme Court and the lifelong ambition of Brett Kavanaugh to secure his place in that victory. The reporting in Supreme Ambition is full of revealing and weighty headlines, as Marcus answers the most pressing questions surrounding this historical moment: How did Kavanaugh get the nomination? Was Blasey Ford’s testimony credible? What does his confirmation mean for the future of the court? Were the Democrats outgunned from the start? On the way, she uncovers secret White House meetings, intense lobbying efforts, private confrontations on Capitol Hill, and lives forever upended on both coasts. This “extraordinarily detailed” (The Washington Post) page-turner traces how Brett Kavanaugh deftly maneuvered to become the nominee and how he quashed resistance from Republicans and from a president reluctant to reward a George W. Bush loyalist. It shows a Republican party that had concluded Kavanaugh was too big to fail, with senators and the FBI ignoring potentially devastating evidence against him. And it paints a picture of Democratic leaders unwilling to engage in the no-holds-barred partisan warfare that might have defeated the nominee. In the tradition of The Brethren and The Power Broker, Supreme Ambition is the definitive account of a pivotal moment in modern history, one that will shape the judicial system of America for generations to come.

Grand New Party

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Author : Ross Douthat
language : en
Publisher: National Geographic Books
Release Date : 2009-06-02

Grand New Party written by Ross Douthat and has been published by National Geographic Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-02 with Political Science categories.

In a provocative challenge to Republican conventional wisdom, two of the Right's rising young thinkers call upon the GOP to focus on the interests and needs of working-class voters.Grand New Party lays bare the failures of the conservative revolution and presents a detailed blueprint for building the next Republican majority. Blending history, analysis, and fresh, often controversial recommendations, Ross Douthat and Reihan Salam argue that it is time to move beyond the Reagan legacy and the current Republican power structure. With specific proposals covering such hot-button topics as immigration, health care, and taxes, Grand New Party shakes up the Right, challenges the Left, and confronts the changing political landscape.

The Reactionary Mind

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Author : Corey Robin
language : en
Publisher: Oxford University Press
Release Date : 2018

The Reactionary Mind written by Corey Robin and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with History categories.

Late in life, William F. Buckley made a confession to Corey Robin. Capitalism is "boring," said the founding father of the American right. "Devoting your life to it," as conservatives do, "is horrifying if only because it's so repetitious. It's like sex." With this unlikely conversation began Robin's decade-long foray into the conservative mind. What is conservatism, and what's truly at stake for its proponents? If capitalism bores them, what excites them? In The Reactionary Mind, Robin traces conservatism back to its roots in the reaction against the French Revolution. He argues that the right was inspired, and is still united, by its hostility to emancipating the lower orders. Some conservatives endorse the free market; others oppose it. Some criticize the state; others celebrate it. Underlying these differences is the impulse to defend power and privilege against movements demanding freedom and equality -- while simultaneously making populist appeals to the masses. Despite their opposition to these movements, conservatives favor a dynamic conception of politics and society -- one that involves self-transformation, violence, and war. They are also highly adaptive to new challenges and circumstances. This partiality to violence and capacity for reinvention have been critical to their success. Written by a highly-regarded, keen observer of the contemporary political scene, The Reactionary Mind ranges widely, from Edmund Burke to Antonin Scalia and Donald Trump, and from John C. Calhoun to Ayn Rand. It advances the notion that all right-wing ideologies, from the eighteenth century through today, are improvisations on a theme: the felt experience of having power, seeing it threatened, and trying to win it back. When its first edition appeared in 2011, The Reactionary Mind set off a fierce debate. It has since been acclaimed as "the book that predicted Trump" (New Yorker) and "one of the more influential political works of the last decade" (Washington Monthly). Now updated to include Trump's election and his first one hundred days in office, The Reactionary Mind is more relevant than ever.