No Day in Court

Author: Sarah L. Staszak
Publisher: Oxford University Press
ISBN: 9780199399031
Release Date: 2015
Genre: Law

Revision of author's disseration (doctoral - Brandeis University, 2010), issued under title: The politics of judicial retrenchment.

When Bad Policy Makes Good Politics

Author: Robert P. Saldin
Publisher: Oxford University Press
ISBN: 9780190255459
Release Date: 2017-01-27
Genre: Political Science

Since the 1960s, America's policymaking system has transitioned from one in which leaders like Lyndon Johnson could simply disparage the concept of budget projections to one in which policymakers consciously manipulate cost estimates. Paradoxically, the very safeguards put in place to thwart economically unsound legislation now cause chaos by incentivizing the development of flawed, even blatantly unworkable, policies. As Robert Saldin shows in When Bad Policy Makes Good Politics, the pathologies of the new system are illustrated by the Community Living Assistance Services and Supports Act and its role in aiding passage of President Obama's landmark health reform law. CLASS was supposed to bring much needed relief of America's dysfunctional long-term care system, but critics argued that its flawed design rendered the program unviable. However, what appeared to be a naïve proposal was actually a carefully framed policy designed to fit the rules of the game, particularly the Congressional Budget Office's cost-projection process. Although CLASS was destined for a "death spiral" requiring massive government bailouts, the CBO estimated it would save tens of billions of dollars. These official "savings" made CLASS an appealing add-on to the Affordable Care Act. But when the Obama administration later announced that CLASS was impossible to implement, America's long-term care system was left in crisis. This skillful examination of CLASS and the machinations of Congress provides insight into how the contemporary policymaking process really functions.

Building a Business of Politics

Author: Adam Sheingate
Publisher: Oxford University Press
ISBN: 9780190217198
Release Date: 2016-01-04
Genre: Campaign funds

Political races in the United States rely heavily on highly paid political consultants who carefully curate the images of politicians, advise candidates on polling and analytics, and shape voters' perceptions through marketing and advertising techniques. More than half of the $6 billion spent in the 2012 election went to consultants who controlled virtually every aspect of the campaigns, from polling, fundraising, and media to more novel techniques of social media and micro-targeting. These consultants play a central role in political campaigns-determining not only how the public sees politicians, but also how politicians see the public. In Building a Business of Politics, author Adam Sheingate traces the history of political consultants from its origins in the publicity experts and pollsters of the 1920s and 1930s to the strategists and media specialists of the 1970s who transformed political campaigns into a highly profitable business. Today, consultants command a hefty fee from politicians as they turn campaign cash from special interest groups and wealthy donors into advertisements, polls, and direct mail solicitations characteristic of modern campaigns. The implications of this system on the state of American democracy are significant: the rise of the permanent campaign brings with it the rise of a permanent campaign industry. A professional political class stands between the voters and those who claim to represent them, influencing messages on both sides. Sheingate not only shows how political consultants have reshaped politics, though; he also covers recent developments like the commercialization of digital campaign tools and the consolidation of the political consulting industry into global media conglomerates. Building a Business of Politics is both a definitive account of the consulting profession and a powerful reinterpretation of how political professionals reshaped American democracy in the modern era.

Follow the Money

Author: Sarah Reckhow
Publisher: Oxford University Press
ISBN: 9780199937738
Release Date: 2013-01-17
Genre: Education

Some of the nation's wealthiest philanthropies, including the Bill and Melinda Gates Foundation, the Walton Family Foundation, and the Broad Foundation have invested hundreds of millions of dollars in education reform. With vast wealth and a political agenda, these foundations have helped to reshape the reform landscape in urban education. In Follow the Money, Sarah Reckhow shows where and how foundation investment in education is occurring and presents in-depth analysis of the effects of these investments within the two largest urban districts in the United States: New York City and Los Angeles. In New York City, centralized political control and the use of private resources have enabled rapid implementation of reform proposals. Yet this potent combination of top-down authority and outside funding also poses serious questions about transparency, responsiveness, and democratic accountability in New York. Furthermore, the sustainability of reform policies is closely linked to the political fortunes of the current mayor and his chosen school leader. While the media has highlighted the efforts of drastic reformers and dominating leaders such as Joel Klein in New York City and Michelle Rhee in Washington, D.C., a slower, but possibly more transformative, set of reforms have been taking place in Los Angeles. These reforms were also funded and shaped by major foundations, but they work from the bottom up, through charter school operators managing networks of schools. This strategy has built grassroots political momentum and demand for reform in Los Angeles that is unmatched in New York City and other districts with mayoral control. Reckhow's study of Los Angeles's education system shows how democratically responsive urban school reform could occur-pairing foundation investment with broad grassroots involvement. Bringing a sharp analytical eye and a wealth of evidence to one of the most politicized issues of our day, Follow the Money will reshape our thinking about educational reform in America.

The Business of America is Lobbying

Author: Lee Drutman
Publisher: Oxford University Press
ISBN: 9780190215538
Release Date: 2015-03-19
Genre: Political Science

Corporate lobbyists are everywhere in Washington. Of the 100 organizations that spend the most on lobbying, 95 represent business. The largest companies now have upwards of 100 lobbyists representing them. How did American businesses become so invested in politics? And what does all their money buy? Drawing on extensive data and original interviews with corporate lobbyists, The Business of America is Lobbying provides a fascinating and detailed picture of what corporations do in Washington, why they do it, and why it matters. Prior to the 1970s, very few corporations had Washington offices. But a wave of new government regulations and declining economic conditions mobilized business leaders. Companies developed new political capacities, and managers soon began to see public policy as an opportunity, not just a threat. Ever since, corporate lobbying has become increasingly more pervasive, more proactive, and more particularistic. Lee Drutman argues that lobbyists drove this development, helping managers to see why politics mattered, and how proactive and aggressive engagement could help companies' bottom lines. All this lobbying doesn't guarantee influence. Politics is a messy and unpredictable bazaar, and it is more competitive than ever. But the growth of lobbying has driven several important changes that make business more powerful. The status quo is harder to dislodge; policy is more complex; and, as Congress increasingly becomes a farm league for K Street, more and more of Washington's policy expertise now resides in the private sector. These and other changes increasingly raise the costs of effective lobbying to a level only businesses can typically afford. Lively and engaging, rigorous and nuanced, The Business of America is Lobbying will change how we think about lobbying-and how we might reform it.

The First Civil Right

Author: Naomi Murakawa
Publisher: Oxford University Press
ISBN: 9780199380725
Release Date: 2014-07-10
Genre: Law

The explosive rise in the U.S. incarceration rate in the second half of the twentieth century, and the racial transformation of the prison population from mostly white at mid-century to sixty-five percent black and Latino in the present day, is a trend that cannot easily be ignored. Many believe that this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people. In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after. Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more. Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their 'first civil right-physical safety-eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom. The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America.

Ideas with Consequences

Author: Amanda Hollis-Brusky
Publisher: Oxford University Press, USA
ISBN: 9780199385522
Release Date: 2015
Genre: Political Science

"There are few intellectual movements in American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization has now become the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It can claim 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper. In Ideas with Consequences, Amanda Hollis-Brusky, an expert on conservative legal movements, provides the first ever comprehensive documentation of how the Federalist Society exerts its influence. Drawing from a huge trove of documents, transcripts, and interviews, she presents a series of important legal questions and explains how the Federalist Society managed to revolutionize the jurisprudence for each one. 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. With unparalleled research and analysis of some of the hottest political and judicial issues of our time, Ideas with Consequences is the essential guide to the Federalist Society at a time when its power has broader implications than ever"--

Building the Federal Schoolhouse

Author: Douglas S. Reed
Publisher: Oxford University Press, USA
ISBN: 9780199838486
Release Date: 2014
Genre: Education

Over the past 50 years, the federal government's efforts to reform American public education have transformed U.S. schools from locally-run enterprises to complex systems in which federal, state and local actors jointly construct the educational environment of U.S. children. Through struggles over school integration, the growth of special education, the teaching of English learners and the rise of accountability politics, the federal role in U.S. education has meant a profound reconstruction of local expectations, roles and political alignments. Seeking to construct the federal schoolhouse - an educational system in which there are common national expectations and practices - has meant the creation of new modes of education within local institutions. The creation of this education state" has also meant that federal educational initiatives have collided with - or reinforced - local political regimes in cities and suburbs alike. To the extent that "all politics is local," the federal role in public schools has changed both the conduct and the norms of local educational politics. Building the Federal Schoolhouse examines how increasing federal authority over public education in the U.S. changes the practices of "operational localism" in education and how local regime commitments implement, thwart, or even block federal policy initiatives. The book examines these issues through an in-depth, fifty year examination of federal educational policies at work within onecommunity, Alexandria, Virginia. The home of T.C. Williams High School, memorialized in the Hollywood movie Remember the Titans, Alexandria has been transformed within two generations from a Jim Crow school system to a new immigrant gateway school district with over 20 percent of its students English learners. Along the way, the school system has struggled to provide quality education for special needs students, sought to overcome the legacies of tracking and segregated learning and simultaneously retain upper-middle class students in this wealthy suburb of Washington, DC. Most recently, it has grappled with state and federally imposed accountability measures that seek to boost educational outcomes. All of these policy initiatives have contended with the existing political regime within Alexandria, at times forcing the local regime to a breaking point, and at times bolstering its reconstruction. At the same time, the local expectations and governing realities of administrators, parents, politicians and voters alike have sharply constrained federal initiatives, limiting their scope when in conflict with local commitments and amplifying them when they align. Through an extensive use of local archives, contemporary accounts, school data and interviews, Reed not only paints an intimate portrait of the conflicts that the creation of the federal schoolhouse has wrought in Alexandria, but also documents the successes of the federal commitment to greater educational opportunity. In so doing, he highlights the complexity of the American education state and the centrality of local regimes and local historical context to federal efforts to reform education."

The Other Rights Revolution

Author: Assistant Professor of American Studies and Political Science Jefferson Decker
Publisher: Oxford University Press
ISBN: 9780190467319
Release Date: 2016-09-01
Genre: Cause lawyers

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.

The Delegated Welfare State

Author: Kimberly J. Morgan
Publisher: Oxford University Press
ISBN: 9780199875634
Release Date: 2011-10-01
Genre: Political Science

Why are so many American social programs delegated to private actors? And what are the consequences for efficiency, accountability, and the well-being of beneficiaries? The Delegated Welfare State examines the development of the American welfare state through the lens of delegation: how policymakers have avoided direct governmental provision of benefits and services, turning to non-state actors for the governance of social programs. Utilizing case studies of Medicare and the 2009-10 health care reform, Morgan and Campbell argue that the prevalence of delegated governance reflects the powerful role of interest groups in American politics, the dominance of Congress in social policymaking, and deep contradictions in American public opinion. Americans want both social programs and small government, leaving policy makers in a bind. Contracting out public programs to non-state actors masks the role of the state and enlists private allies who push for passage. Although delegated governance has been politically expedient, enabling the growth of government programs in an anti-government political climate, it raises questions about fraud, abuse, administrative effectiveness, and accountability. In probing both the causes and consequences of delegated governance, The Delegated Welfare State offers a novel interpretation of both American social welfare politics and the nature of the American state.

Citizenship by Degree

Author: Deondra Rose
Publisher: Oxford University Press
ISBN: 9780190650940
Release Date: 2018-02-16
Genre: Political Science

Since the mid-twentieth century, the United States has seen a striking shift in the gender dynamics of higher educational attainment as women have come to earn college degrees at higher rates than men. Women have also made significant strides in terms of socioeconomic status and political engagement. What explains the progress that American women have made since the 1960s? While many point to the feminist movement as the critical turning point, this book makes the case that women's movement toward first class citizenship has been shaped not only by important societal changes, but also by the actions of lawmakers who used a combination of redistributive and regulatory higher education policies to enhance women's incorporation into their roles as American citizens. Examining the development and impact of the National Defense Education Act of 1958, the Higher Education Act of 1965, and Title IX of the 1972 Education Amendments, this book argues that higher education policies represent a crucial-though largely overlooked-factor shaping the progress that women have made. By significantly expanding women's access to college, they helped to pave the way for women to surpass men as the recipients of bachelor's degrees, while also empowering them to become more economically independent, socially integrated, politically engaged members of the American citizenry. In addition to helping to bring into greater focus our understanding of how Southern Democrats shaped U.S. social policy development during the mid-twentieth century, this analysis recognizes federal higher education policy as an indispensible component of the American welfare state.

Artists of the Possible

Author: Matt Grossmann
Publisher: Oxford University Press, USA
ISBN: 9780199967841
Release Date: 2014
Genre: History

"Policy change is not predictable from election results or public opinion. The amount, issue content, and ideological direction of policy depend on the joint actions of policy entrepreneurs, especially presidents, legislators, and interest groups. This makes policymaking in each issue area and time period distinct and undermines unchanging models of policymaking"--

Rich People s Movements

Author: Isaac Martin
Publisher: Oxford University Press
ISBN: 9780199389995
Release Date: 2015-02-01
Genre: History

On tax day, April 15, 2010, hundreds of thousands of Americans took to the streets with signs demanding lower taxes on the richest one percent. But why? Rich people have plenty of political influence. Why would they need to publicly demonstrate for lower taxes-and why would anyone who wasn't rich join the protest on their behalf? Isaac William Martin shows that such protests long predate the Tea Party of our own time. Ever since the Sixteenth Amendment introduced a Federal income tax in 1913, rich Americans have protested new public policies that they thought would threaten their wealth. But while historians have taught us much about the conservative social movements that reshaped the Republican Party in the late 20th century, the story of protest movements explicitly designed to benefit the wealthy is still little known. Rich People's Movements is the first book to tell that story, tracking a series of protest movements that arose to challenge an expanding welfare state and progressive taxation. Drawing from a mix of anti-progressive ideas, the leaders of these movements organized scattered local constituencies into effective campaigns in the 1920s, 1950s, 1980s, and our own era. Martin shows how protesters on behalf of the rich appropriated the tactics used by the Left-from the Populists and Progressives of the early twentieth century to the feminists and anti-war activists of the 1950s and 1960s. He explores why the wealthy sometimes cut secret back-room deals and at other times protest in the public square. He also explains why people who are not rich have so often rallied to their cause. For anyone wanting to understand the anti-tax activists of today, including notable defenders of wealth inequality like the Koch brothers, the historical account in Rich People's Movements is an essential guide.

The Politics of Information

Author: Frank R. Baumgartner
Publisher: University of Chicago Press
ISBN: 9780226198262
Release Date: 2015-01-02
Genre: Political Science

How does the government decide what’s a problem and what isn’t? And what are the consequences of that process? Like individuals, Congress is subject to the “paradox of search.” If policy makers don’t look for problems, they won’t find those that need to be addressed. But if they carry out a thorough search, they will almost certainly find new problems—and with the definition of each new problem comes the possibility of creating a government program to address it. With The Politics of Attention, leading policy scholars Frank R. Baumgartner and Bryan D. Jones demonstrated the central role attention plays in how governments prioritize problems. Now, with The Politics of Information, they turn the focus to the problem-detection process itself, showing how the growth or contraction of government is closely related to how it searches for information and how, as an organization, it analyzes its findings. Better search processes that incorporate more diverse viewpoints lead to more intensive policymaking activity. Similarly, limiting search processes leads to declines in policy making. At the same time, the authors find little evidence that the factors usually thought to be responsible for government expansion—partisan control, changes in presidential leadership, and shifts in public opinion—can be systematically related to the patterns they observe. Drawing on data tracing the course of American public policy since World War II, Baumgartner and Jones once again deepen our understanding of the dynamics of American policy making.

Rights and Retrenchment

Author: Stephen B. Burbank
Publisher: Cambridge University Press
ISBN: 9781108184090
Release Date: 2017-04-18
Genre: Law

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.