JUDGES AND THE REGULATORY STATE: TRENDS OF RESISTANCE AND RESTRAINT.

Teles' book, "The Rise of the Conservative Legal Movement," delves into the origins of judicial opposition to the regulatory state, tracing it back to responses to New Deal policies. The conservative legal movement emerged to challenge legal liberalism by focusing on legal education and establishing...

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Detalles Bibliográficos
Publicado en:Law & Contemporary Problems Vol. 87; no. 1; pp. 29 - 52
Autor principal: NORRIS, LUKE P.
Formato: Artículo
Publicado: Duke University 2024
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Acceso en línea:Ver este registro en EBSCOhost
Descripción
Sumario:Teles' book, "The Rise of the Conservative Legal Movement," delves into the origins of judicial opposition to the regulatory state, tracing it back to responses to New Deal policies. The conservative legal movement emerged to challenge legal liberalism by focusing on legal education and establishing influential organizations like the Federalist Society. Over the past fifty years, this movement has shaped the judiciary's approach to regulatory governance, emphasizing market-based solutions and resisting regulatory constraints. The text suggests potential reforms to address this resistance, such as empowering agencies, legislative actions, and promoting a more progressive judiciary through critical legal education and movements like Law and Political Economy.