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A New Philosophy In The Supreme Court, Robert M. Sanger

Robert M. Sanger

Conservatism And Switcher's Curse, Aaron Edlin

Aaron Edlin

British Politics, The Welfare State, And Tort Liability Of Public Authorities, Dan Priel

Dan Priel

There has been a notable shift in the scope of negligence liability of public authorities in the Post War period. Notably there was a trend toward restriction of liability in the 1980s. This essay tries to explain why this happened not by focusing on changing legal formulas but by examining the political context of the law in this area. I begin the essay by demonstrating how changes in the attitudes toward the role of the state have led to the changes in the law in this area. I then go on to examine the impact of Thatcher’s ascent to power. …

Rechtsaußen, Die Große Rezession Und Die Europawahlen 2014, Cas Mudde

Cas Mudde

No abstract provided.

"Rembering The Tradition." Review Of Brion Mcclanahan And Clyde Wilson’S Forgotten Conservatives In American History (Gretna, Louisiana: Pelican, 2012)., Allen P. Mendenhall

Allen Mendenhall

Review of Brion McClanahan and Clyde Wilson’s Forgotten Conservatives in American History (Gretna, Louisiana: Pelican, 2012).

America Reborn? Conservatives, Liberals, And American Political Culture Since 1945, Nick Salvatore

Nick Salvatore

[Excerpt] From the perspective of the early twenty‑first century, we can chide the good professor for not carefully considering the consequences of what he wished for half a century ago. For it is clear that the force of this conservative movement in America was in fact “stronger than most of us [knew]” or could have imagined in 1950, or, indeed, in 1968. This conservative “impulse”, those “irritable mental gestures”, has largely restructured American political thinking with a force and popular approval that remains stunning to consider. The growth of the conservative movement since 1945 was also accompanied by the slow …

The Birthright Citizenship Controversy: A Study Of Conservative Substance And Rhetoric, Allen R. Kamp

Allen R. Kamp

This essay is a critique of the conservative rhetoric used in their attack on birthright citizenship—as granted by Clause 1 of the Fourteenth Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” The rhetoric of that attack violates the traditional canons of conservative argumentation and interpretation, such as original intent and plain meaning. As such, their arguments call into question the seriousness of their allegiance to these canons.

On The Nature Of Anglophone Conservatism And Its Applicability To The Analysis Of Postcolonial Politics, Stefan Andreasson

Stefan Andreasson

This essay examines the nature and development of an Anglophone tradition of conservative political thought (conservatism). It considers how, in contrast to a more reactionary European tradition, conservatism has evolved over time in its variously diverging and converging Anglo-American historical and cultural contexts and what relevance – what analytical utility – this body of political thought may have today for understanding politics and socio-cultural developments in a postcolonial world beyond its Western origins. In considering the relative merits of conservatism as compared to other theoretical approaches, the essay asks whether this conservatism can offer a superior analysis of postcolonial politics …

Conservative Eras In Supreme Court Decision Making: Employment Division V. Smith, Judicial Restraint, And Neoconservatism, Stephen M. Feldman

Stephen M. Feldman

Commentators often describe Employment Division v. Smith as the beginning of a new era in free exercise decision-making. Before Smith, the Supreme Court typically articulated and applied a strict scrutiny standard to resolve free exercise exemption claims. After Smith, the Court deferred to the political process, upholding any reasonable law of general applicability. From a doctrinal standpoint, this description of Smith is perfectly accurate and informative. In this Essay, I argue that from a legal-political standpoint, Smith manifests the culmination of one type of judicial conservatism -- a traditionalist conservatism that had been developing since the 1970s. Judicial restraint and …

The Rise (And Fall?) Of American Conservatism, Cas Mudde

Cas Mudde

No abstract provided.

Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber

Mark Graber

This essay explores the likelihood that conservative federal courts in the near future will be agents of conservative social change. In particular, the paper assesses whether conservative justices on some issues will support more conservative policies than conservative elected officials are presently willing to enact and whether such judicial decisions will influence public policy. My primary conclusion is that, as long as conservatives remain politically ascendant in the elected branches of government, the Roberts Court is likely to influence American politics at the margins. The new conservative judicial majority is likely to be more libertarian than conservative majorities in the …

The Odyssey Of The Democratic Right In Post-Franco Spain, Richard M. Skinner

Richard M. Skinner

Unlike their counterparts in most other Western countries, Spanish conservatives have found little success in recent years. Since Spain returned to democracy in 1977, rightist political parties have not won a majority in the Cortes in any election. Instead, the reins of power have been held by, first, the moderate Union de Centro Democratico (UCD), and later by the left-of-center Partido Socialista Obrero Espanol (PSOE). The Right has been hurt by its perceived links to the Franco regime, by its controversial longtime leader, Manuel Fraga Iribarne, and by the PSOE's increasing centrism.