Richard A. Brisbin Jr. - Böcker

As the leading legal voice of the American conservative movement, Supreme Court Justice Antonin Scalia has challenged the assumptions and legal methodology of American liberals. In this thorough and exacting study of the development of Justice Scalia's legal principles, Richard Brisbin explores the foundation and elaboration of the justice's conservative political vision. After reviewing Scalia's legal experiences before joining the Supreme Court and describing the influences on his political and legal thought, Brisbin undertakes a detailed analysis of Scalia's Supreme Court voting record and opinions. The conservative philosophy emerging from Scalia's legal decisions, Brisbin argues, assumes the legitimacy and propriety of political regimes functioning under the rule of law. It disciplines-sometimes harshly-inappropriate uses of liberty and accepts the proposition that the law can serve as an effective means to structure, interpret, and control political conflicts.The most comprehensive study of Justice Scalia's politics and jurisprudence yet published, Justice Antonin Scalia and the Conservative Revival joins a vital discussion on contemporary American conservatism and the use of the law to restrain or undermine the New Deal state.

The miners' strike against Pittston Coal in 1989-1990, which spread throughout southwestern Virginia, southern West Virginia, and eastern Kentucky, was one of the most important strikes in the history of American labor, and, as Richard Brisbin observes, "one of the longest and largest incidents of civil disorder and civil disobedience in the United States in the second half of the twentieth century." The company aggressively sought to break the strike, and workers and their families used a variety of tactics-lawful and unlawful-to resist Pittston's efforts as the situation quickly turned ugly. In A Strike like No Other Strike: Law and Resistance during the Pittston Coal Strike of 1989-1990, Richard Brisbin offers a compelling study of the exercise of political power. In considering the legal significance of the strike, Brisbin asks the larger question of whether even extreme transgression or resistance can fracture the "imagined coherence of the law." He shows how each party in the strike invoked the law to justify its actions while attacking those of the other side as unlawful. In the end, both sides lost; although the U.S.Supreme Court ultimately ruled in favor of the union, most of the strikers faced elimination of their jobs and an ongoing struggle for pensions and health benefits.

Although scholars in the disciplines of law, psychology, philosophy, and sociology have published a considerable number of prescriptive, normative, and theoretical studies of animals in society, Pet Politics presents the first study of the development of companion animal or pet law and policy in Canada and the United States by political scientists. The authors examine how people and governments classify three species of pets or companion animals—cats, dogs, and horses—for various degrees of legal protection. They then detail how interest groups shape the agenda for companion animal legislation and regulation, and the legislative and administrative formulation of anticruelty, kennel licensing, horse slaughter, feral and roaming cat, and breed ban policies. Finally, they examine the enforcement of these laws and policies by agencies and the courts. Using an eclectic mix of original empirical data, original case studies, and interviews—and relying on general theories and research about the policy process and the sociopolitical function of legality—the authors illustrate that pet policy is a unique field of political struggle, a conflict that originates from differing perspectives about whether pets are property or autonomous beings, and clashing norms about the care of animals. The result of the political struggle, the authors argue, is difficulty in the enactment of policies and especially in the implementation and enforcement of laws that might improve the welfare of companion animals.