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Book part
Publication date: 14 April 2016

Why Roe Still Stands: Abortion Law, the Supreme Court, and the Republican Regime

Thomas M. Keck and Kevin J. McMahon

From one angle, abortion law appears to confirm the regime politics account of the Supreme Court; after all, the Reagan/Bush coalition succeeded in significantly…

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Abstract

From one angle, abortion law appears to confirm the regime politics account of the Supreme Court; after all, the Reagan/Bush coalition succeeded in significantly curtailing the constitutional protection of abortion rights. From another angle, however, it is puzzling that the Reagan/Bush Court repeatedly refused to overturn Roe v. Wade. We argue that time and again electoral considerations led Republican elites to back away from a forceful assertion of their agenda for constitutional change. As a result, the justices generally acted within the range of possibilities acceptable to the governing regime but still typically had multiple doctrinal options from which to choose.

Details

Studies in Law, Politics, and Society
Type: Book
DOI: https://doi.org/10.1108/S1059-433720160000070009
ISBN: 978-1-78635-076-3

Keywords

  • Supreme Court
  • regime politics
  • Republican Party
  • judicial decision-making
  • Roe v. Wade

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Article
Publication date: 1 January 1984

THE LEISURE SERVICES CONTEXT

GEORGE LOVELL

All public libraries have an important leisure function. For those serving socially stable communities of moderate size, communities without pressing problems of…

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All public libraries have an important leisure function. For those serving socially stable communities of moderate size, communities without pressing problems of deprivation but in which higher education is not a major industry, it is almost their only function. Large city reference libraries certainly provide information services of indubitably educational nature for students, research workers, industry and commerce, usually serving areas wider than the cities which finance them. Always their librarians are conscious of an educational role, absorbing a quarter to a third of their staff and expenditure, but they too operate lending and community‐based activity services. Smaller towns by contrast maintain informational services adequate for the general needs of their own communities but reliant upon regional reference libraries as referral points for specialist enquiries and research. Authorities serving amorphous, ill‐centred suburban chunks of a large conurbation, with easy access to a large library at the conurbation centre, usually provide little more than quick‐reference and community information services, similar to what better‐centred services provide in larger branch libraries. Prosperous residential suburbs, small market towns and poor inner‐city areas with social problems and unstable populations need quick‐reference and information provision differing as to stock, accommodation and staff. In deprived areas, community information service answering questions on social benefits and personal needs and crises will be the main feature. In prosperous areas, school homework, students on vacation and local leisure opportunities will dominate.

Details

Library Review, vol. 33 no. 1
Type: Research Article
DOI: https://doi.org/10.1108/eb012760
ISSN: 0024-2535

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Book part
Publication date: 6 May 2008

Understanding the impact and visibility of ideological change on the supreme court

Scott E. Lemieux and George I. Lovell

This chapter offers an explanation for the mixed record of the Supreme Court since the 1960s, and considers the implications of that record for the future. The chapter…

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This chapter offers an explanation for the mixed record of the Supreme Court since the 1960s, and considers the implications of that record for the future. The chapter emphasizes that judicial power is connected to choices made by other political actors. We argue that conventional ways of measuring the impact of Court rulings and the Court's treatment of precedents are misleading. The Court cannot be understood as a counter-majoritarian protector of rights. In both past and future, electoral outcomes determine the policy areas in which the Court will be influential, and also the choices the justices make about how to portray their treatment of law and precedents.

Details

Special Issue Constitutional Politics in a Conservative Era
Type: Book
DOI: https://doi.org/10.1016/S1059-4337(08)00801-6
ISBN: 978-0-7623-1486-7

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Book part
Publication date: 30 June 2017

“Community Voices” and “Speaking Out”: Rights Talk and the LGBTQ Community in the 1980s

Erin M. Adam

This study challenges contentions that rights are limiting through an analysis of grassroots rights talk in the LGBTQ (Lesbian, Gay, Bisexual, Trans, and Queer) community…

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Abstract

This study challenges contentions that rights are limiting through an analysis of grassroots rights talk in the LGBTQ (Lesbian, Gay, Bisexual, Trans, and Queer) community in the 1980s. I argue that rights talk can be an important source of constructing community within local, nonmainstream, noninstitutional spaces through a discourse analysis of a forum for LGBTQ community-building in the past: the letters to the editor columns in Gay Community News. This study enhances law and social movement scholarship on the role of rights in social movements by exploring how rights discourse is employed by everyday people in a noninstitutional community-building venue rarely addressed in contemporary research.

Details

Studies in Law, Politics, and Society
Type: Book
DOI: https://doi.org/10.1108/S1059-433720170000073002
ISBN: 978-1-78714-811-6

Keywords

  • Rights discourse
  • law and social movements
  • gender and sexuality
  • LGBTQ studies
  • law and society

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Book part
Publication date: 17 September 2012

Rights, Community, and Democracy: A Sociolegal Critique of the Neoconservative Case Against Rights

Michael McCann and Stuart Scheingold

This chapter critically assesses the neoconservative communitarian critique of rights talk and practices in the contemporary United States. We argue that the critics are…

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This chapter critically assesses the neoconservative communitarian critique of rights talk and practices in the contemporary United States. We argue that the critics are unconvincing about: (a) the institutional history of civil rights development; (b) the actual character of rights talk and practices in ordinary life; and (c) the allegation that rights talk undermines community, which remains a poorly specified and implicitly inegalitarian standard. Our argument is developed on the basis of sociolegal theory and empirical study over the last several decades.

Details

Special Issue: The Legacy of Stuart Scheingold
Type: Book
DOI: https://doi.org/10.1108/S1059-4337(2012)0000059013
ISBN: 978-1-78190-344-5

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Book part
Publication date: 17 September 2012

The Myth of the Myth of Rights

George I. Lovell

Stuart Scheingold's The Politics of Rights provided a path-breaking theoretical analysis of what he called the “myth of rights.” Scheingold's key insight was that even…

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Stuart Scheingold's The Politics of Rights provided a path-breaking theoretical analysis of what he called the “myth of rights.” Scheingold's key insight was that even though rights were a myth, rights ideologies nevertheless left a significant imprint on American politics. The book charted a research agenda that has now been followed by a wide range of sociolegal scholars. Looking across that diverse body scholarship, I find convergence on two points. First, scholars claim that law and legal ideology contribute to processes of legitimation and to political acquiescence. Second, and seemingly in tension with the first, most people do not appear to believe in idealized legal myths and express only qualified commitments to legal ideals. Most scholars have responded to this tension by downplaying evidence that people have doubts about legal ideals, often treating expressions of doubts as evidence of confusion. As a result, scholars still conclude that residual commitments to legal myths help to explain legitimation and acquiescence. Such moves produce accounts of legal myths that are insufficiently attentive to politics and power. Scholars would do better to return to Scheingold's more ambivalent perspective on the politics of rights in order to understand the political consequences of commitments to rights’ ideologies.

Details

Special Issue: The Legacy of Stuart Scheingold
Type: Book
DOI: https://doi.org/10.1108/S1059-4337(2012)0000059005
ISBN: 978-1-78190-344-5

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Book part
Publication date: 6 May 2008

List of Contributors

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Special Issue Constitutional Politics in a Conservative Era
Type: Book
DOI: https://doi.org/10.1016/S1059-4337(08)00808-9
ISBN: 978-0-7623-1486-7

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Book part
Publication date: 17 September 2012

List of Contributors

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Details

Special Issue: The Legacy of Stuart Scheingold
Type: Book
DOI: https://doi.org/10.1108/S1059-4337(2012)0000059002
ISBN: 978-1-78190-344-5

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Article
Publication date: 1 April 1980

Library Review Volume 29 Issue 4

Not many weeks back, according to newspaper reports, three members of the library staff of the School of Slavonic and East European Studies in London were dismissed. All…

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Not many weeks back, according to newspaper reports, three members of the library staff of the School of Slavonic and East European Studies in London were dismissed. All had refused to carry out issue desk duty. All, according to the newspaper account, were members of ASTMS. None, according to the Library Association yearbook, was a member of the appropriate professional organisation for librarians in Great Britain.

Details

Library Review, vol. 29 no. 4
Type: Research Article
DOI: https://doi.org/10.1108/eb020925
ISSN: 0024-2535

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Article
Publication date: 1 December 1980

Commonplaces

Clive Bingley, Edwin Fleming and Sarah Lawson

THERE MUST BE, I think, some sort of automatic professional override‐switch which cuts in on lawyers and slows them down to a pace not exceeding two yards per hour…

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THERE MUST BE, I think, some sort of automatic professional override‐switch which cuts in on lawyers and slows them down to a pace not exceeding two yards per hour whenever two parties to a proposed agreement indicate that they wish to complete a deal with extraordinary swiftness.

Details

New Library World, vol. 81 no. 12
Type: Research Article
DOI: https://doi.org/10.1108/eb038513
ISSN: 0307-4803

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