STUDIES IN LAW, POLITICS, AND SOCIETY

STUDIES IN LAW, POLITICS, AND SOCIETY Series Editor: Austin Sarat Volumes 1–2: Volume 3: Volumes 4–9: Volumes 10–16: Volumes 17–33: Volumes 34–43: Edited by Rita J. Simon Edited by Steven Spitzer Edited by Steven Spitzer and Andrew S. Scull Edited by Susan S. Sibey and Austin Sarat Edited by Austin Sarat and Patricia Ewick Edited by Austin Sarat STUDIES IN LAW, POLITICS, AND SOCIETY VOLUME 44 SPECIAL ISSUE CONSTITUTIONAL POLITICS IN A CONSERVATIVE ERA EDITED BY AUSTIN SARAT Department of Law, Jurisprudence & Social Thought and Political Science, Amherst College, USA United Kingdom – North America – Japan India – Malaysia – China JAI Press is an imprint of Emerald Group Publishing Limited Howard House, Wagon Lane, Bingley BD16 1WA, UK First edition 2008 Copyright r 2008 Emerald Group Publishing Limited Reprints and permission service Contact: booksandseries@emeraldinsight.com No part of this book may be reproduced, stored in a retrieval system, transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without either the prior written permission of the publisher or a licence permitting restricted copying issued in the UK by The Copyright Licensing Agency and in the USA by The Copyright Clearance Center. No responsibility is accepted for the accuracy of information contained in the text, illustrations or advertisements. The opinions expressed in these chapters are not necessarily those of the Editor or the publisher. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN: 978-0-7623-1486-7 ISSN: 1059-4337 (Series) Awarded in recognition of Emerald’s production department’s adherence to quality systems and processes when preparing scholarly journals for print LIST OF CONTRIBUTORS Thomas F. Burke Ronald Kahn Scott E. Lemieux George I. Lovell Ira L. Strauber George Thomas David A. Yalof Department of Political Science, Wellesley College, Wellesley, MA, USA Department of Politics, Oberlin College, OH, USA Department of Political Science, Hunter College, CUNY, New York, NY, USA Department of Political Science, University of Washington, Seattle, WA, USA Department of Political Science, Grinnell College, Grinnell, IA, USA Department of Political Science, Williams College, Williamstown, MA, USA Department of Political Science, University of Connecticut, Storrs, CT, USA vii EDITORIAL BOARD Gad Barzilai University of Washington and Tel Aviv University Paul Berman University of Connecticut Roger Cotterrell Queen Mary College University of London Jennifer Culbert Johns Hopkins University Eve Darian-Smith University of Massachusetts David Delaney Amherst College Florence Dore Kent State University David Engel State University of New York at Buffalo Anthony Farley Boston College David Garland New York University Jonathan Goldberg-Hiller University of Hawaii Laura Gomez University of New Mexico Piyel Haldar Birkbeck College, University of London Thomas Hilbink University of Massachusetts Desmond Manderson McGill University Jennifer Mnookin University of California, Los Angeles Laura Beth Nielsen American Bar Foundation Paul Passavant Hobart and William Smith College Susan Schmeiser University of Connecticut Jonathan Simon University of California, Berkeley Marianna Valverde University of Toronto Alison Young University of Melbourne ix ... - tailieumienphi.vn