The Rights Revolution Revisited: Institutional Perspectives on the Private Enforcement of Civil Rights in the US

Cambridge University Press, 1/25/2018
EAN 9781107164734, ISBN10: 1107164737

Hardcover, 394 pages, 23.5 x 15.7 x 2.4 cm
Language: English

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.

Part I. Introduction
1. Reassessing the rights revolution Lynda G. Dodd
Part II. Implementing the Rights Revolution
2. Approaches to enforcing the rights revolution
private civil rights litigation and the American bureaucracy Quinn Mulroy
3. Mobilizing rights at the agency level
the first interpretations of Title VII's sex provision Jennifer Woodward
4. Motivating litigants to enforce public goods
evidence from employment, housing, and voting discrimination policy Paul Gardner
5. Regulatory rights
civil rights agencies, courts, and the entrenchment of language rights Ming Hsu Chen
6. Sexual harassment and the evolving civil rights state R. Shep Melnick
7. The civil rights template and the Americans with Disabilities Act
a socio-legal perspective on the promise and limits of individual rights Thomas F. Burke and Jeb Barnes
Part III. Rights and Retrenchment
8. Retrenching civil rights litigation
why the court succeeded where congress failed Stephen Burbank and Sean Farhang
9. The contours of the Supreme Court's civil rights counterrevolution Lynda G. Dodd
10. Constraining aid, retrenching access
legal services after the rights revolution Sarah Staszak
Part IV. The Future of the Rights Revolution
11. Rationalizing rights
political control of litigation David Freeman Engstrom
12. The future of private enforcement of civil rights Lynda G. Dodd.