In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.

The Civil Rights Revolution carries Bruce Ackerman's sweeping reinterpretation of constitutional history into the era beginning with Brown v Board of Education. Laws that ended Jim Crow and ensured equal rights at work, in schools, and in the voting booth gained congressional approval only after the American people mobilized their support.

The rights revolution in the United States consisted of both sweeping changes in constitutional doctrines and landmark legislative reform, followed by decades of innovative implementation in every branch of the federal government - Congress, agencies, and the courts. In recent years, a growing number of political scientists have sought to integrate studies of the rights revolution into accounts of the contemporary American state. In The Rights Revolution Revisited, a distinguished group of political scientists and legal scholars explore the institutional dynamics, scope, and durability of the rights revolution. By offering an inter-branch analysis of the development of civil rights laws and policies that features the role of private enforcement, this volume enriches our understanding of the rise of the 'civil rights state' and its fate in the current era.

The most dramatic change in American society in the last forty years has been the explosive growth of personal rights, a veritable "rights revolution" that is perceived by both conservatives and liberals as a threat to traditional values and our sense of community. Is it possible that our pursuit of personal rights is driving our country toward moral collapse? In The Rights Revolution, Samuel Walker answers this question with an emphatic no. The "rights revolution," says Walker, is the embodiment of the American ideals of morality and community. He argues that the critics of personal rights--from conservatives such as Robert Bork to liberals such as Michael Sandel--often forget the blatant injustices perpetrated against minorities such as women, homosexuals, African-Americans, and mentally handicapped citizens before the civil ights movement. They attack "identity politics" policies such as affirmative action, but fail to offer any reasonable solution to the dilemma of how to overcome exclusion in a society with such a powerful legacy of discrimination. Communitarians, who offer the most comprehensive alternative to a rights-oriented society, rarely define what they mean by community. What happens when conflicts arise between different notions of community? Walker concedes that the expansion of individual rights does present problems, but insists that the gains far outweigh the losses. And he reminds us that the absolute protection of our individual rights is our best defense against discrimination and injustice. The Rights Revolution is an impassioned call to honor the personal rights of all American citizens, and to embrace an enriched sense of democracy, tolerance, and community in our nation.

There is a broad consensus that 1937 marked a turning point in the history of the Supreme Court. This is the first comprehensive treatment of the Court's decision-making in the civil liberties/civil rights sphere in the years preceding that watershed. Professor Braeman refutes the widely held assumption that the post-1937 justices were writing upon a largely blank slate in dealing with civil liberties/civil rights issues, arguing instead that much of what the Modern Court has done, when viewed in a long-term perspective, appears as incremental expansions of precedents laid down by the Old Court.

With an updated preface by the author. Since the proclamation of the Universal Declaration of Human Rights in 1948, rights have become the dominant language of the public good around the globe. Indeed, rights have become the trump card in every argument. Long-standing fights for aboriginal rights, the issue of preserving the linguistic heritage of minorities, and same-sex marriage have steered our society into a full-blown rights revolution. This revolution is not only deeply controversial in North America, but is being watched around the world. Are group rights jeopardizing individual rights? When everyone asserts their rights, what happens to responsibilities? Can families survive and prosper when each member has rights? Is rights language empowering individuals while weakening community? Michael Ignatieff confronts these controversial questions head-on in The Rights Revolution, defending the supposed individualism of rights language against all comers. For Ignatieff, believing in rights means believing in politics, believing in deliberation rather than confrontation, compromise rather than violence.

Tushnet traces the concept of legal rightsthrough the 20th century--from their origins in classical liberalism, fashioned in legislatures and emphasizing choice and contract, to notions of personal autonomy and equality protected by the judicial system.