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Consent, Stealthing and Desire-Based Contracting in the Criminal Law (Routledge Frontiers of Criminal Justice)
by Brianna Jade Chesser Nadia David April ZahraConsent, Stealthing and Desire-Based Contracting in the Criminal Law examines the inconsistencies in the definitions of consent in sexual encounters by examining emerging sex crimes alongside changing community values and the changing legal definitions of consent in sexual offending, focusing on common law and civil law countries. This book distinguishes itself through the use of empirically validated research strategies and an in-depth analysis of current legislative regimes. It argues that desire and pleasure are largely ignored by legal consent definitions, despite its importance in sexuality more broadly. Using two case studies of emerging forms of sexual offending, the criminalisation of sadomasochistic sexual practices and the offence of ‘stealthing’, it examines how the law is both a blunt and under-utilised instrument in the policing of people’s sexual relationships. The presence or absence of consent can change a lawful sexual act between two people into a serious crime with potentially devastating consequences to both survivor and offender. Yet there remains no consistent definition of consent applied within and between legal jurisdictions across the world. A comparative analysis reveals parallels between common law countries and civil law countries. The book also provides a brief history of the use of term consent in relation to sexual offending and examines definitional and sociological requirements of conceptual consent across history. Covering jurisdictions in the US, UK, and Australia, providing an innovative resource on issues relating to consent presented in an accessible way, this book will appeal to students and researchers of criminal justice, criminal law, criminology, sociology and gender studies.
Consequences of Impaired Consent Transfers: A Structural Comparison of English and German Law (Hart Studies in Private Law)
by Birke HäckerLegal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations.This book is a re-publication of a work first published by Mohr Siebeck in Germany.
The Consequences of Possession (Edinburgh Studies in Law)
by Eric DescheemaekerProvides key entry points into the broad subject of possession in a comparative perspective. Although possession is a topic which has been researched for centuries, there is a surprising dearth of comparative materials and also very little available in English about the law of non-Anglophone jurisdictions. Leaving aside the question on what possession is, a question that has caused a considerable amount of ink to be spilled for centuries, this analysis concerns itself with the law’s response to ‘possession’. The volume comprises contributions from some very distinguished scholars from the civilian tradition (Germany, Italy) as well as the common law (England) and mixed legal systems (Quebec, Scotland, South Africa). It is the first attempt to look in a coherent fashion at the topic of possession from a comparative and historical perspective.
The Consequences of the Crisis on European Integration and on the Member States: The European Governance between Lisbon and Fiscal Compact (Essays on Federalism and Regionalism #2)
by Stelio MangiameliThe book examines the economic crisis in the European Union and its consequences for European integration and the member states. Discussing the provisions introduced by the Treaty of Lisbon, from the effects of macroeconomic monitoring to the restraints produced by the Fiscal Compact, it offers an analysis of the European Union’s current situation and the effects of the measures adopted to manage the crisis, also making reference to how Europe is perceived by its citizens. Moreover, the chapters offer thoughts on the European integration process, in particular the effects that the policies adopted to tackle the crisis have had on the economic and financial sovereignty of the member states. This detailed examination of the situation of the EU between the Treaty of Lisbon and the Fiscal Compact is characterized by an original multidisciplinary approach that offers an articulate reflection on the criticalities that affect the actions of both European and national institutions.
Consequentialism (New Problems of Philosophy)
by Julia DriverConsequentialism is the view that the rightness or wrongness of actions depend solely on their consequences. It is one of the most influential, and controversial, of all ethical theories. In this book, Julia Driver introduces and critically assesses consequentialism in all its forms. After a brief historical introduction to the problem, Driver examines utilitarianism, and the arguments of its most famous exponents, John Stuart Mill and Jeremy Bentham, and explains the fundamental questions underlying utilitarian theory: what value is to be specified and how it is to be maximized. Driver also discusses indirect forms of consequentialism, the important theories of motive consequentialism and virtue consequentialism, and explains why the distinction between subjective and objective consequentialism is so important. Including helpful features such as a glossary, chapter summaries, and annotated further reading at the end of each chapter, Consequentialism is ideal for students seeking an authoritative and clearly explained survey of this important problem.
Consequentialism (New Problems of Philosophy)
by Julia DriverConsequentialism is the view that the rightness or wrongness of actions depend solely on their consequences. It is one of the most influential, and controversial, of all ethical theories. In this book, Julia Driver introduces and critically assesses consequentialism in all its forms. After a brief historical introduction to the problem, Driver examines utilitarianism, and the arguments of its most famous exponents, John Stuart Mill and Jeremy Bentham, and explains the fundamental questions underlying utilitarian theory: what value is to be specified and how it is to be maximized. Driver also discusses indirect forms of consequentialism, the important theories of motive consequentialism and virtue consequentialism, and explains why the distinction between subjective and objective consequentialism is so important. Including helpful features such as a glossary, chapter summaries, and annotated further reading at the end of each chapter, Consequentialism is ideal for students seeking an authoritative and clearly explained survey of this important problem.
Consequentialism: New Directions, New Problems (Oxford Moral Theory)
by Christian SeidelConsequentialism is a focal point of discussion and a driving force behind important developments in moral philosophy. Recently, the debate has shifted in focus and in style. By seeking to consequentialize rival moral theories, in particular those with agent-relative characteristics, and by framing accounts in terms of reasons rather than in terms of value, an emerging new wave consequentialism has presented - at much higher levels of abstraction - theories which proved extremely flexible and powerful in meeting long-standing and influential objections. This volume of new essays on new wave consequentialism initiates and stimulates novel lines of discussions among proponents and their critics. The contributions explore new directions in new wave consequentialism and present refined conceptual frameworks (in Part I), raise challenging fundamental problems for these frameworks and the new wave's theoretical basis (in Part II), and give a balanced assessment of the new wave's limits and achievements in specific contexts of commonsense moral practice (in Part III). The volume will be of interest to all readers in ethical and moral theory.
Consequentialism: New Directions, New Problems (Oxford Moral Theory)
Consequentialism is a focal point of discussion and a driving force behind important developments in moral philosophy. Recently, the debate has shifted in focus and in style. By seeking to consequentialize rival moral theories, in particular those with agent-relative characteristics, and by framing accounts in terms of reasons rather than in terms of value, an emerging new wave consequentialism has presented - at much higher levels of abstraction - theories which proved extremely flexible and powerful in meeting long-standing and influential objections. This volume of new essays on new wave consequentialism initiates and stimulates novel lines of discussions among proponents and their critics. The contributions explore new directions in new wave consequentialism and present refined conceptual frameworks (in Part I), raise challenging fundamental problems for these frameworks and the new wave's theoretical basis (in Part II), and give a balanced assessment of the new wave's limits and achievements in specific contexts of commonsense moral practice (in Part III). The volume will be of interest to all readers in ethical and moral theory.
Consequentialism and Environmental Ethics (Routledge Studies in Ethics and Moral Theory)
by Avram Hiller Ramona Ilea Leonard KahnThis volume works to connect issues in environmental ethics with the best work in contemporary normative theory. Environmental issues challenge contemporary ethical theorists to account for topics that traditional ethical theories do not address to any significant extent. This book articulates and evaluates consequentialist responses to that challenge. Contributors provide a thorough and well-rounded analysis of the benefits and limitations of the consequentialist perspective in addressing environmental issues. In particular, the contributors use consequentialist theory to address central questions in environmental ethics, such as questions about what kinds of things have value; about decision-making in light of the long-term, intergenerational nature of environmental issues; and about the role that a state’s being natural should play in ethical deliberation.
Consequentialism and Environmental Ethics (Routledge Studies in Ethics and Moral Theory)
by Avram Hiller Ramona Ilea Leonard KahnThis volume works to connect issues in environmental ethics with the best work in contemporary normative theory. Environmental issues challenge contemporary ethical theorists to account for topics that traditional ethical theories do not address to any significant extent. This book articulates and evaluates consequentialist responses to that challenge. Contributors provide a thorough and well-rounded analysis of the benefits and limitations of the consequentialist perspective in addressing environmental issues. In particular, the contributors use consequentialist theory to address central questions in environmental ethics, such as questions about what kinds of things have value; about decision-making in light of the long-term, intergenerational nature of environmental issues; and about the role that a state’s being natural should play in ethical deliberation.
Consequentialism Reconsidered (Theory and Decision Library A: #20)
by E. CarlsonIn Consequentialism Reconsidered, Carlson strives to find a plausible formulation of the structural part of consequentialism. Key notions are analyzed, such as outcomes, alternatives and performability. Carlson argues that consequentialism should be understood as a maximizing rather than a satisficing theory, and as temporally neutral rather than future oriented. He also shows that certain moral theories cannot be reformulated as consequentialist theories. The relevant alternatives for an agent in a situation are taken to comprise all actions that they can perform in the situation. The defense of this idea necessitates certain modifications to the standard consequentialist criteria of obligatoriness, rightness and wrongness. The problem of whether agents should adapt their actions to their own future actions is also addressed. Further, a conditional analysis of performability is suggested, and it is argued that particular actions should in this connection be regarded as `abstract' rather than `concrete'. The final chapter sketches a consequentialist theory for collective agents.
Conservation: Economics, Science, and Policy
by Ann Kinzig Charles PerringsA unified theory of conservation that addresses the broad problem of conservation, the principles that inform conservation choices, and the application of those principles to the management of the natural world. The conservation of natural resources, like that of any other asset, involves trade-offs. Yet, in a world faced with the harsh realities of climate change, crafting the right environmental policies is an increasingly urgent task. In Conservation, Charles Perrings and Ann Kinzig bring together new research in economics and biodiversity to investigate conservation decisions and the theory behind them. Perrings and Kinzig apply the concept of conservation broadly to examine how the principles of conservation apply to the management of the natural world. They demonstrate that the same basic principles serve as the foundation of all rational conservation decisions, from managing financial assets to safeguarding at-risk ecosystems. Whether someone is deciding to hold or dispose of a stock or whether to exploit or preserve a natural resource, they are better off choosing to conserve a resource when its value to them, if conserved, is greater than its value when converted. The book also considers the context of such conservation decisions. Just as national tax rules influence choices about financial investments, environmental regulations within countries, and environmental agreements between countries, impact the decisions regarding natural resources. Building on their basic theory of conservation, Perrings and Kinzig address key issues in the field of environmental economics, including the valuation of ecosystem services and environmental assets; the limits on the substitutability of produced and natural capital; and the challenges posed by the often weak markets for ecosystem services oriented toward the public good. They also address the problem of scale: while decisions might be easier to make at the local level, many conservation policies need to apply at either the national or international level to succeed. Written by experts from both social and hard sciences, this book presents a unified theory of conservation and provides a model for a more effective way to approach the vitally important issue.
Conservation: Integrating Social and Ecological Justice
by Helen Kopnina Haydn WashingtonThis book provides keys to decrypt current political debates on the environment in light of the theories that support them, and provides tools to better understand and manage environmental conflicts and promote environmentally friendly behaviour. As we work towards global sustainability at a time when efforts to conserve biodiversity and combat climate change correspond with land grabs by large corporations, food insecurity, and human displacement. While we seek to reconcile more-than-human relations and responsibilities in the Anthropocene, we also struggle to accommodate social justice and the increasingly global desire for economic development. These and other challenges fundamentally alter the way social scientists relate to communities and the environment. This book takes as its point of departure today’s pressing environmental challenges, particularly the loss of biodiversity, and the role of communities in protected areas conservation. In its chapters, the authors discuss areas of tension between local livelihoods and international conservation efforts, between local communities and wildlife, and finally between traditional ways of living and ‘modernity’. The central premise of this book is while these tensions cannot be easily resolved they can be better understood by considering both social and ecological effects, in equal measure. While environmental problems cannot be seen as purely ecological because they always involve people, who bring to the environmental table their different assumptions about nature and culture, so are social problems connected to environmental constraints. While nonhumans cannot verbally bring anything to this negotiating table, aside from vast material benefits that society relies on, the distinct perspective of this book is that there is a need to consider the role of nonhumans as equally important stakeholders – albeit without a voice. This book develops an argument that human-environmental relationships are set within ecological reality and ecological ethics and rather than being mutually constitutive processes, humans have obligate dependence on nature, not vice versa. This would enable an ethical position encompassing the needs of other species and giving simultaneous (without one being subordinated to another) consideration to justice for humans and non-humans alike. The book is accessible to both social scientists and conservation specialists, and intends to contribute to strengthening interdisciplinary collaborations in the field of conservation.
Conservation: Economics, Science, and Policy
by Charles Perrings Ann KinzigA unified theory of conservation that addresses the broad problem of conservation, the principles that inform conservation choices, and the application of those principles to the management of the natural world. The conservation of natural resources, like that of any other asset, involves trade-offs. Yet, in a world faced with the harsh realities of climate change, crafting the right environmental policies is an increasingly urgent task. In Conservation, Charles Perrings and Ann Kinzig bring together new research in economics and biodiversity to investigate conservation decisions and the theory behind them. Perrings and Kinzig apply the concept of conservation broadly to examine how the principles of conservation apply to the management of the natural world. They demonstrate that the same basic principles serve as the foundation of all rational conservation decisions, from managing financial assets to safeguarding at-risk ecosystems. Whether someone is deciding to hold or dispose of a stock or whether to exploit or preserve a natural resource, they are better off choosing to conserve a resource when its value to them, if conserved, is greater than its value when converted. The book also considers the context of such conservation decisions. Just as national tax rules influence choices about financial investments, environmental regulations within countries, and environmental agreements between countries, impact the decisions regarding natural resources. Building on their basic theory of conservation, Perrings and Kinzig address key issues in the field of environmental economics, including the valuation of ecosystem services and environmental assets; the limits on the substitutability of produced and natural capital; and the challenges posed by the often weak markets for ecosystem services oriented toward the public good. They also address the problem of scale: while decisions might be easier to make at the local level, many conservation policies need to apply at either the national or international level to succeed. Written by experts from both social and hard sciences, this book presents a unified theory of conservation and provides a model for a more effective way to approach the vitally important issue.
Conservation and Recreation in Protected Areas: A Comparative Legal Analysis of Environmental Conflict Resolution in the United States and China (The Rule of Law in China and Comparative Perspectives)
by Yun MaThis book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and the conflicting goals between conservation and development have led to a rise in conflicts in the designation and management of protected areas. How to effectively manage and resolve these conflicts has become a challenge for both legislators and managers. By adopting an institutional dimension in legal interpretation, this book critically examines how such conflicts are dealt with in the legal regimes of the US and China while exploring interactions between legislatures, agencies and courts. The book searches for a plausible solution to improve the legal framework of protected areas in China by emulating pertinent mechanisms developed in the US, whilst also presenting legal and policy recommendations to the US. This informative book will be useful for legal scholars in Chinese law, nature conservation law, administrative law and comparative law.
Conservation and Recreation in Protected Areas: A Comparative Legal Analysis of Environmental Conflict Resolution in the United States and China (The Rule of Law in China and Comparative Perspectives)
by Yun MaThis book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and the conflicting goals between conservation and development have led to a rise in conflicts in the designation and management of protected areas. How to effectively manage and resolve these conflicts has become a challenge for both legislators and managers. By adopting an institutional dimension in legal interpretation, this book critically examines how such conflicts are dealt with in the legal regimes of the US and China while exploring interactions between legislatures, agencies and courts. The book searches for a plausible solution to improve the legal framework of protected areas in China by emulating pertinent mechanisms developed in the US, whilst also presenting legal and policy recommendations to the US. This informative book will be useful for legal scholars in Chinese law, nature conservation law, administrative law and comparative law.
Conservation of Contemporary Art: Bridging the Gap Between Theory and Practice (Studies in Art, Heritage, Law and the Market #9)
by Renée van de Vall Vivian Van SaazeThis open access book investigates whether and how theoretical findings and insights in contemporary art conservation can be translated into the daily work practices of conservators or, vice versa, whether and how the problems and dilemmas encountered in conservation practice can inform broader research questions and projects. For several decades now, the conservation of contemporary art has been a dynamic field of research and reflection. Because of contemporary art’s variable constitution, its care and management calls for a fundamental rethinking of the overall research landscape of museums, heritage institutions, private-sector organizations and universities. At first, this research was primarily pursued by conservation professionals working in or with museums and other heritage organizations, but increasingly academic researchers and universities became involved, for instance through collaborative projects. This book is the result of such collaboration. It sets out to bridge the “gap” between theory and practice by investigating conservation practices as a form of reflection and reflection as a form of practice.
The Conservative Case for Class Actions
by Brian T. FitzpatrickSince the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
The Conservative Human Rights Revolution: European Identity, Transnational Politics, and the Origins of the European Convention
by Marco DurantiThe European Court of Human Rights has long held unparalleled sway over questions of human rights violations across continental Europe, Britain, and beyond. Both its supporters and detractors accept the common view that the European human rights system was originally devised as a means of containing communism and fascism after World War II. In The Conservative Human Rights Revolution, Marco Duranti radically reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a Cold War measure, but also as a vehicle for pursuing a controversial domestic political agenda on either side of the Channel. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that British and French conservatives believed violated their basic liberties. Conservative human rights rhetoric, Duranti argues, evoked a romantic Christian vision of Europe. Rather than follow the model of the Universal Declaration of Human Rights, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in the values of a bygone European civilization. All told, these efforts served as a basis for reconciliation between Germans and the "West," the exclusion of communists from the European project, and the denial of equal protection to colonized peoples. Illuminating the history of internationalism and international law, and elucidating Churchill's Europeanism and critical contribution to the genesis of the ECHR, this book revisits the ethical foundations of European integration across the first half of the twentieth century and offers a new perspective on the crisis in which the European Union finds itself today.
The Conservative Human Rights Revolution: European Identity, Transnational Politics, and the Origins of the European Convention
by Marco DurantiThe European Court of Human Rights has long held unparalleled sway over questions of human rights violations across continental Europe, Britain, and beyond. Both its supporters and detractors accept the common view that the European human rights system was originally devised as a means of containing communism and fascism after World War II. In The Conservative Human Rights Revolution, Marco Duranti radically reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a Cold War measure, but also as a vehicle for pursuing a controversial domestic political agenda on either side of the Channel. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that British and French conservatives believed violated their basic liberties. Conservative human rights rhetoric, Duranti argues, evoked a romantic Christian vision of Europe. Rather than follow the model of the Universal Declaration of Human Rights, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in the values of a bygone European civilization. All told, these efforts served as a basis for reconciliation between Germans and the "West," the exclusion of communists from the European project, and the denial of equal protection to colonized peoples. Illuminating the history of internationalism and international law, and elucidating Churchill's Europeanism and critical contribution to the genesis of the ECHR, this book revisits the ethical foundations of European integration across the first half of the twentieth century and offers a new perspective on the crisis in which the European Union finds itself today.
Conservative Innovators: How States Are Challenging Federal Power
by Ben MerrimanAs American politics has become increasingly polarized, gridlock at the federal level has led to a greater reliance on state governments to get things done. But this arrangement depends a great deal on state cooperation, and not all state officials have chosen to cooperate. Some have opted for conflict with the federal government. Conservative Innovators traces the activity of far-right conservatives in Kansas who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Telling their story, Ben Merriman then expands the scope of the book to look at the tactics used by conservative state governments across the country to resist federal regulations, including coordinated lawsuits by state attorneys general, refusals to accept federal funds and spending mandates, and the creation of programs designed to restrict voting rights. Through this combination of state-initiated lawsuits and new administrative practices, these state officials weakened or halted major parts of the Obama Administration’s healthcare, environmental protection, and immigration agendas and eroded federal voting rights protections. Conservative Innovators argues that American federalism is entering a new, conflict-ridden era that will make state governments more important in American life than they have been at any time in the past century.
Conservative Innovators: How States Are Challenging Federal Power
by Ben MerrimanAs American politics has become increasingly polarized, gridlock at the federal level has led to a greater reliance on state governments to get things done. But this arrangement depends a great deal on state cooperation, and not all state officials have chosen to cooperate. Some have opted for conflict with the federal government. Conservative Innovators traces the activity of far-right conservatives in Kansas who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Telling their story, Ben Merriman then expands the scope of the book to look at the tactics used by conservative state governments across the country to resist federal regulations, including coordinated lawsuits by state attorneys general, refusals to accept federal funds and spending mandates, and the creation of programs designed to restrict voting rights. Through this combination of state-initiated lawsuits and new administrative practices, these state officials weakened or halted major parts of the Obama Administration’s healthcare, environmental protection, and immigration agendas and eroded federal voting rights protections. Conservative Innovators argues that American federalism is entering a new, conflict-ridden era that will make state governments more important in American life than they have been at any time in the past century.
Conservative Innovators: How States Are Challenging Federal Power
by Ben MerrimanAs American politics has become increasingly polarized, gridlock at the federal level has led to a greater reliance on state governments to get things done. But this arrangement depends a great deal on state cooperation, and not all state officials have chosen to cooperate. Some have opted for conflict with the federal government. Conservative Innovators traces the activity of far-right conservatives in Kansas who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Telling their story, Ben Merriman then expands the scope of the book to look at the tactics used by conservative state governments across the country to resist federal regulations, including coordinated lawsuits by state attorneys general, refusals to accept federal funds and spending mandates, and the creation of programs designed to restrict voting rights. Through this combination of state-initiated lawsuits and new administrative practices, these state officials weakened or halted major parts of the Obama Administration’s healthcare, environmental protection, and immigration agendas and eroded federal voting rights protections. Conservative Innovators argues that American federalism is entering a new, conflict-ridden era that will make state governments more important in American life than they have been at any time in the past century.
Conservative Innovators: How States Are Challenging Federal Power
by Ben MerrimanAs American politics has become increasingly polarized, gridlock at the federal level has led to a greater reliance on state governments to get things done. But this arrangement depends a great deal on state cooperation, and not all state officials have chosen to cooperate. Some have opted for conflict with the federal government. Conservative Innovators traces the activity of far-right conservatives in Kansas who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Telling their story, Ben Merriman then expands the scope of the book to look at the tactics used by conservative state governments across the country to resist federal regulations, including coordinated lawsuits by state attorneys general, refusals to accept federal funds and spending mandates, and the creation of programs designed to restrict voting rights. Through this combination of state-initiated lawsuits and new administrative practices, these state officials weakened or halted major parts of the Obama Administration’s healthcare, environmental protection, and immigration agendas and eroded federal voting rights protections. Conservative Innovators argues that American federalism is entering a new, conflict-ridden era that will make state governments more important in American life than they have been at any time in the past century.
Conservative Innovators: How States Are Challenging Federal Power
by Ben MerrimanAs American politics has become increasingly polarized, gridlock at the federal level has led to a greater reliance on state governments to get things done. But this arrangement depends a great deal on state cooperation, and not all state officials have chosen to cooperate. Some have opted for conflict with the federal government. Conservative Innovators traces the activity of far-right conservatives in Kansas who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Telling their story, Ben Merriman then expands the scope of the book to look at the tactics used by conservative state governments across the country to resist federal regulations, including coordinated lawsuits by state attorneys general, refusals to accept federal funds and spending mandates, and the creation of programs designed to restrict voting rights. Through this combination of state-initiated lawsuits and new administrative practices, these state officials weakened or halted major parts of the Obama Administration’s healthcare, environmental protection, and immigration agendas and eroded federal voting rights protections. Conservative Innovators argues that American federalism is entering a new, conflict-ridden era that will make state governments more important in American life than they have been at any time in the past century.