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The story of how the First Amendment became an obstacle to campaign
finance regulation—a history that began much earlier than most
imagine. Americans across party lines believe that public policy is
rigged in favor of those who wield big money in elections. Yet,
legislators are restricted in addressing these concerns by a series
of Supreme Court decisions finding that campaign finance
regulations violate the First Amendment. Big Money Unleashed argues
that our current impasse is the result of a long-term process
involving many players. Naturally, the justices played critical
roles—but so did the attorneys who hatched the theories necessary
to support the legal doctrine, the legal advocacy groups that
advanced those arguments, the wealthy patrons who financed these
efforts, and the networks through which they coordinated strategy
and held the Court accountable. Drawing from interviews, public
records, and archival materials, Big Money Unleashed chronicles how
these players borrowed a litigation strategy pioneered by the NAACP
to dismantle racial segregation and used it to advance a very
different type of cause.
The story of how the First Amendment became an obstacle to campaign
finance regulation—a history that began much earlier than most
imagine. Americans across party lines believe that public policy is
rigged in favor of those who wield big money in elections. Yet,
legislators are restricted in addressing these concerns by a series
of Supreme Court decisions finding that campaign finance
regulations violate the First Amendment. Big Money Unleashed argues
that our current impasse is the result of a long-term process
involving many players. Naturally, the justices played critical
roles—but so did the attorneys who hatched the theories necessary
to support the legal doctrine, the legal advocacy groups that
advanced those arguments, the wealthy patrons who financed these
efforts, and the networks through which they coordinated strategy
and held the Court accountable. Drawing from interviews, public
records, and archival materials, Big Money Unleashed chronicles how
these players borrowed a litigation strategy pioneered by the NAACP
to dismantle racial segregation and used it to advance a very
different type of cause.
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.
With clear and concise explanations of all basic concepts in the
law of lawyering and all topics tested on the MPRE, this accessible
book allows professors to satisfy the ABA professional
responsibility requirement with a course that students find highly
engaging and useful. Unlike most professional responsibility
textbooks on the market, however, it links ethics issues to
portraits of the practice contexts in which they typically arise
for real lawyers, helping students appreciate their relevance in
contemporary practice. It also introduces students to the rich
empirical literature on the profession, teaching them about the
profession's overall composition and organization as well as huge
variation in the practice settings, types of work, and daily
experiences of American lawyers and their clients. It describes
powerful economic and cultural forces that are reshaping the legal
profession, and it explores current controversies relating to
access to justice, globalization, technology, diversity, and legal
education. It invites students to reflect on their place in the
profession and how they will navigate the turbulent landscape to
chart successful, rewarding and responsible careers in almost any
type of practice today's law graduates might enter. Most chapters
also contain problems that can be used in class discussion or as
written exercises. The Second Edition is updated to include
problems, materials, and questions drawn from recent events
highlighting professional ethics issues currently in the news. It
also presents the most recent scholarship and commentary on new
challenges for the legal profession posed by technology, litigation
finance, and globalization. This is the only PR book on the market
that provides sufficient explanation of basic legal concepts and
the operation of the legal system to make it suitable for
first-year students, but it also works very well for second and
third year courses. CasebookPlus Hardbound - New, hardbound print
book includes lifetime digital access to an eBook, with the ability
to highlight and take notes, and 12-month access to a digital
Learning Library that includes self-assessment quizzes tied to this
book, leading study aids, an outline starter, and Gilbert Law
Dictionary.
With clear and concise explanations of all basic concepts in the
law of lawyering and all topics tested on the MPRE, this accessible
book allows professors to satisfy the ABA professional
responsibility requirement with a course that students find highly
engaging and useful. Unlike most professional responsibility
textbooks on the market, however, it links ethics issues to
portraits of the practice contexts in which they typically arise
for real lawyers, helping students appreciate their relevance in
contemporary practice. It also introduces students to the rich
empirical literature on the profession, teaching them about the
profession's overall composition and organization as well as huge
variation in the practice settings, types of work, and daily
experiences of American lawyers and their clients. It describes
powerful economic and cultural forces that are reshaping the legal
profession, and it explores current controversies relating to
access to justice, globalization, technology, diversity, and legal
education. It invites students to reflect on their place in the
profession and how they will navigate the turbulent landscape to
chart successful, rewarding and responsible careers in almost any
type of practice today's law graduates might enter. Most chapters
also contain problems that can be used in class discussion or as
written exercises. The Second Edition is updated to include
problems, materials, and questions drawn from recent events
highlighting professional ethics issues currently in the news. It
also presents the most recent scholarship and commentary on new
challenges for the legal profession posed by technology, litigation
finance, and globalization. This is the only PR book on the market
that provides sufficient explanation of basic legal concepts and
the operation of the legal system to make it suitable for
first-year students, but it also works very well for second and
third year courses.
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