Rights and Retrenchment

The Counterrevolution against Federal Litigation

Nonfiction, Reference & Language, Law, Courts, Social & Cultural Studies, Political Science
Cover of the book Rights and Retrenchment by Stephen B. Burbank, Sean Farhang, Cambridge University Press
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Author: Stephen B. Burbank, Sean Farhang ISBN: 9781108183703
Publisher: Cambridge University Press Publication: April 18, 2017
Imprint: Cambridge University Press Language: English
Author: Stephen B. Burbank, Sean Farhang
ISBN: 9781108183703
Publisher: Cambridge University Press
Publication: April 18, 2017
Imprint: Cambridge University Press
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

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