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Rights and Retrenchment - The Counterrevolution against Federal Litigation (Paperback)
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Rights and Retrenchment - The Counterrevolution against Federal Litigation (Paperback)
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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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