The Rise of the Conservative Legal Movement

The Rise of the Conservative Legal Movement

Author: Steven M. Teles

Publisher: Princeton University Press

Published: 2012-01-16

Total Pages: 363

ISBN-13: 1400829690

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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

The Rise of the Conservative Legal Movement

Author: Steven Michael Teles

Publisher:

Published: 2008-01-01

Total Pages: 339

ISBN-13: 9780691122083

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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 Federalist Society

The Federalist Society

Author: Michael Avery

Publisher: Vanderbilt University Press

Published: 2021-04-30

Total Pages: 503

ISBN-13: 082650339X

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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


Lawyers of the Right

Lawyers of the Right

Author: Ann Southworth

Publisher: University of Chicago Press

Published: 2009-08-01

Total Pages: 268

ISBN-13: 0226768368

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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 Burger Court and the Rise of the Judicial Right

The Burger Court and the Rise of the Judicial Right

Author: Michael J. Graetz

Publisher: Simon and Schuster

Published: 2017-06-06

Total Pages: 480

ISBN-13: 1476732515

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The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.


Ideas with Consequences

Ideas with Consequences

Author: Amanda Hollis-Brusky

Publisher: Studies in Postwar American Po

Published: 2015

Total Pages: 265

ISBN-13: 0199385521

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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.


Separate But Faithful

Separate But Faithful

Author: Amanda Hollis-Brusky

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 313

ISBN-13: 0190637269

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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.


The Rise and Fall of Modern American Conservatism

The Rise and Fall of Modern American Conservatism

Author: David Farber

Publisher: Princeton University Press

Published: 2012-08-26

Total Pages: 309

ISBN-13: 1400834295

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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.


Conservatives and the Constitution

Conservatives and the Constitution

Author: Ken I. Kersch

Publisher: Cambridge University Press

Published: 2019-03-28

Total Pages: 431

ISBN-13: 0521193109

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


Adversarial Legalism

Adversarial Legalism

Author: Robert A. KAGAN

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 353

ISBN-13: 0674039270

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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.