Cover

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pp. 1-3

Title Page

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pp. 4-7

Table of Contents

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pp. vii-viii

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Preface

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pp. ix-x

This is a book about the power of ideas. The Federalist Society has been extremely effective over the past thirty years in translating the intellectual capital of its members into law and policy. We have traced the development of the ideas of society members from articles, books, panels, and debates into legislative proposals, citizen referenda, ...

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Introduction

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pp. 1-20

In 1980, Steven Calabresi, Lee Liberman [Otis], and David McIntosh were young, conservative law students—Calabresi at Yale, and Liberman and McIntosh at the University of Chicago—alienated from the prevailing political orientation of their classmates and their schools. ...

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1. The Network: The White House, The Department of Justice, and The Bench

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pp. 21-46

Since the early years of the Federalist Society in the 1980s, its members have believed that the easiest way to change the law is to change the judges. They have been phenomenally successful in doing so. The Federalist Society came into being at a catalytic moment for remaking the judiciary. ...

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2. Regulation of Private Property: The Takings Clause

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pp. 47-74

We now turn to ideological and constitutional law battles over government regulation of economic rights and private property. By “economic rights,” we mean the ability of property owners to use and develop private property as they see fit, or the ability of individuals and businesses to contract with each other ...

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3. Regulation of Private Property: Access to Justice

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pp. 75-98

In the last chapter, we described how Federalist Society members have attempted to use the takings clause to oppose regulation of private property. In this chapter, we explore a different strategy for combating regulation—limiting access to the courts. Over the past twenty-five years, conservatives have employed a variety of strategies ...

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4. Race and Gender Discrimination

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pp. 99-140

One of the most controversial legal issues with respect to race is whether government may take race into account to benefit minority groups that have traditionally been discriminated against. Historically, when civil rights lawyers litigated against racially discriminatory government policies, ...

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5. The Jurisprudence of Personal Sexual Autonomy

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pp. 141-169

It was the summer of 1969. Norma McCorvey, a twenty-one-year-old unskilled worker living in Texas, learned that she was pregnant. Single, unable to obtain an abortion in her home state, and unable to afford to travel to a state where she could procure one, she gave birth. ...

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6. American Exceptionalism, Sovereignty, and International Law

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pp. 170-202

In 2000, Peter Spiro described what he termed the “new sovereigntists” in Foreign Affairs. Acknowledging that the United States has historically been wary of participation in global governance, for fear of compromising its freedom of action, Spiro identified a growing band of influential conservatives ...

Appendix A: A Brief Guide to Legal Citations

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pp. 203-204

Appendix B: Federalist Society Members and Allies

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pp. 205-226

Notes

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pp. 227-282

Index

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pp. 283-294