Introduction -- The new liberal state -- Defending enterprise -- Pacific views -- Sagebrush rebels -- The politics of rights -- Governing from the right -- Mountains and sea -- To the slaughterhouse -- Epilogue : regulation and its discontents.
In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state--the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians--with some help from angry property owners and bulldozer-driving Sagebrush Rebels--tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history--including the regionally distinctive experiences of the American West--behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.
Southern bus boycotts and lunch counter sit-ins were famous acts of civil disobedience but were also demands for jobs in the very services being denied blacks. Gavin Wright shows that the civil rights struggle was of economic benefit to all parties: the wages of southern blacks increased dramatically but not at the expense of southern whites.
In the wake of the black civil rights movement, other disadvantaged groups of Americans began to make headway. In the first book to take a broad perspective on this wide-ranging and far-reaching phenomenon, Skrentny exposes the connections between the diverse actions and circumstances that contributed to this revolution.
In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
This volume explores the place of human rights in history, providing an alternative framework for understanding the political and legal dilemmas that these conflicts presented, with case studies focusing on the 1940s through the present.
Now with a new afterword, the Pulitzer Prize-winning dramatic account of the civil rights era’s climactic battle in Birmingham as the movement, led by Martin Luther King, Jr., brought down the institutions of segregation. "The Year of Birmingham," 1963, was a cataclysmic turning point in America’s long civil rights struggle. Child demonstrators faced down police dogs and fire hoses in huge nonviolent marches against segregation. Ku Klux Klansmen retaliated by bombing the Sixteenth Street Baptist Church, killing four young black girls. Diane McWhorter, daughter of a prominent Birmingham family, weaves together police and FBI records, archival documents, interviews with black activists and Klansmen, and personal memories into an extraordinary narrative of the personalities and events that brought about America’s second emancipation. In a new afterword—reporting last encounters with hero Reverend Fred Shuttlesworth and describing the current drastic anti-immigration laws in Alabama—the author demonstrates that Alabama remains a civil rights crucible.
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
The American commitment to promoting human rights abroad emerged in the 1970s as a surprising response to national trauma. In this provocative history, Barbara Keys situates this novel enthusiasm as a reaction to the profound challenge of the Vietnam War and its aftermath. Instead of looking inward for renewal, Americans on the right and the left looked outward for ways to restore America's moral leadership. Conservatives took up the language of Soviet dissidents to resuscitate the Cold War, while liberals sought to dissociate from brutally repressive allies like Chile and South Korea. When Jimmy Carter in 1977 made human rights a central tenet of American foreign policy, his administration struggled to reconcile these conflicting visions. Yet liberals and conservatives both saw human rights as a way of moving from guilt to pride. Less a critique of American power than a rehabilitation of it, human rights functioned for Americans as a sleight of hand that occluded from view much of America's recent past and confined the lessons of Vietnam to narrow parameters. From world's judge to world's policeman was a small step, and American intervention in the name of human rights would be a cause both liberals and conservatives could embrace.