1. Retrenching rights in institutional context: constraints and opportunities; 2. The legislative counterrevolution: emergence, growth, and disappointment; 3. The rulemaking counterrevolution: birth, reaction, and struggle; 4. The counterrevolution in the Supreme Court: succeeding; 5. The subterranean counterrevolution: the Supreme Court, the media, and public opinion; 6. Rights, retrenchment, and democratic governance.
This book shows how an increasingly conservative Supreme Court has undermined the enforcement of rights through strategies rejected by Congress.
Stephen B. Burbank is David Berger Professor at the University of Pennsylvania Law School. He is the author of numerous articles drawing on interdisciplinary perspectives and served as Chair of the Board of the American Academy of Political and Social Science. Burbank was a member of the National Commission on Judicial Discipline and Removal and a principal author of its report. Sean Farhang is Professor of Law and Associate Professor of Political Science and Public Policy at the University of California, Berkeley. He is the author of The Litigation State: Public Regulation and Private Lawsuits in the US (2010), which received the Gladys M. Kammerer Award from the American Political Science Association for the best book in the field of US national policy, as well as the C. Herman Pritchett award from the American Political Science Association for the best book on law and courts.
'Rights and Retrenchment is a masterwork. Drawing on their
path-breaking empirical research, Burbank and Farhang provide a
revelatory analysis … This book is truly essential reading not only
for political scientists and legal scholars but for anyone
concerned about the future of the American regulatory state.'
Robert A. Kagan, Professor Emeritus of Political Science and Law,
University of California, Berkeley
'Rights and Retrenchment is a scholarly lightning bolt, mixing
rigorous empiricism and close, institution-level analysis of civil
rulemaking in a field that has too often lacked either. It's an
instant classic in explaining how we got to the present while also
charting a new path forward for procedure scholars.' David Freeman
Engstrom, Bernard D. Bergreen Faculty Scholar, Stanford Law School,
California
'Burbank and Farhang trace in detail how conservatives have sought
to defang private enforcement of protections afforded by federal
law … This book is essential reading for everyone interested in the
state of twenty-first century politics in the United States.'
Herbert Kritzer, Marvin J. Sonosky Chair of Law and Public Policy,
University of Minnesota Law School
'Burbank and Farhang provide an outstanding exploration of the
intersection of law and politics. They examine in rich detail the
many ways conservatives have tried to limit private enforcement of
federal laws … They use a variety of forms of evidence … to make a
convincing argument about institutional support for retrenchment.'
R. Shep Melnick, Tip O'Neill Professor, Boston College,
Massachusetts
'This impressive new book demonstrates convincingly how private
litigation in the courts is embedded in larger political contests
over the scale and scope of federal rights … a must-read for anyone
who wants to understand the complex politics and institutional
dynamics surrounding private enforcement of federal law.' Margaret
Lemos, Robert G. Seaks LL. B. '34 Professor of Law, Duke
University, North Carolina
'In this elegant study, Stephen B. Burbank and Sean Farhang
demonstrate that the Supreme Court has dramatically undercut
enforcement of federal rights by making it harder for plaintiffs to
sue in the first place. Rich in data, thoughtful and perceptive in
analysis, this book is a landmark contribution to our understanding
of the Supreme Court and the meaningful enforcement of federal
rights.' Charles Epp, Distinguished Professor, University of Kansas
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