Law S Allure

Author: Gordon Silverstein
Editor: Cambridge University Press
ISBN: 0521896479
Size: 12,60 MB
Format: PDF
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Law's Allure explains how, when, and why America's reliance on legal rules and judicial decisions shapes, constrains, saves, and sometimes even kills politics.

Consequential Courts

Author: Diana Kapiszewski
Editor: Cambridge University Press
ISBN: 1107026539
Size: 13,36 MB
Format: PDF, Docs
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Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.

Dust Up

Author: Jeb Barnes
Editor: Georgetown University Press
ISBN: 1589017862
Size: 15,94 MB
Format: PDF, Mobi
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In an era of polarization, narrow party majorities, and increasing use of supermajority requirements in the Senate, policy entrepreneurs must find ways to reach across the aisle and build bipartisan coalitions in Congress. One such coalition-building strategy is the “politics of efficiency,” or reform that is aimed at eliminating waste from existing policies and programs. After all, reducing inefficiency promises to reduce costs without cutting benefits, which should appeal to members of both political parties, especially given tight budgetary constraints in Washington. Dust-Up explores the most recent congressional efforts to reform asbestos litigation—a case in which the politics of efficiency played a central role and seemed likely to prevail. Yet, these efforts failed to produce a winning coalition, even though reform could have saved billions of dollars and provided quicker compensation to victims of asbestos-related diseases. Why? The answers, as Jeb Barnes deftly illustrates, defy conventional wisdom and force us to rethink the political effects of litigation and the dynamics of institutional change in our fragmented policymaking system. Set squarely at the intersection of law, politics, and public policy, Dust-Up provides the first in-depth analysis of the political obstacles to Congress in replacing a form of litigation that nearly everyone—Supreme Court justices, members of Congress, presidents, and experts—agrees is woefully inefficient and unfair to both victims and businesses. This concise and accessible case study includes a glossary of terms and study questions, making it a perfect fit for courses in law and public policy, congressional politics, and public health.

The Nature Of Supreme Court Power

Author: Matthew E. K. Hall
Editor: Cambridge University Press
ISBN: 1139495399
Size: 11,25 MB
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Few institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power.

The Rights Revolution Revisited

Author: Lynda G. Dodd
Editor: Cambridge University Press
ISBN: 1107164737
Size: 12,27 MB
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Examines the implementation of the rights revolution, bringing together a distinguished group of political scientists and legal scholars who study the roles of agencies and courts in shaping the enforcement of civil rights statutes.

Comparative Judicial Review

Author: Erin F. Delaney
Editor: Edward Elgar Publishing
ISBN: 1788110609
Size: 17,73 MB
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Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.

Making Policy Making Law

Author: Mark C. Miller
Editor: Georgetown University Press
ISBN: 1589010256
Size: 20,37 MB
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The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.

Exploring Judicial Politics

Author:
Editor: Oxford University Press, USA
ISBN:
Size: 18,34 MB
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This volume presents 20 original essays by political scientists and other judicial scholars on a variety of topics relative to the broad area of judicial politics. One theme of these essays is to explore the ways in which law and politics intertwine in the United States. Secondly, the essays provide insights into how scholars go about studying various judicial politics subjects such as the role of judges, lawyers, and juries in our political system. The essays explore issues at the trialcourt level, at the intermediate appellate court level, and at the U.S. Supreme Court. The essays look at the role of judges, juries, lawyers, interest groups, and other actors in the American legal system. Some of the essays look at the issues of judicial selection, while others look at how what we learn about the courts in the U.S. can help us better understand courts in other countries. Taken together, the essays reveal the broad range of issues that students of judicial politics will wantto understand in order to appreciate the role of courts in our society.

How To Do Things With International Law

Author: Ian Hurd
Editor: Princeton University Press
ISBN: 1400888077
Size: 20,47 MB
Format: PDF, Kindle
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A provocative reassessment of the rule of law in world politics Conventionally understood as a set of limits on state behavior, the “rule of law” in world politics is widely assumed to serve as a progressive contribution to a just, stable, and predictable world. In How to Do Things with International Law, Ian Hurd challenges this received wisdom. Bringing the study of law and legality together with power, politics, and legitimation, he illustrates the complex politics of the international rule of law. Hurd draws on a series of timely case studies involving recent legal arguments over war, torture, and drones to demonstrate that international law not only domesticates state power but also serves as a permissive and even empowering source of legitimation for state action—including violence and torture. Rather than a civilizing force that holds the promise of universal peace, international law is a deeply politicized set of practices driven by the pursuit of particular interests and desires. The disputes so common in world politics over what law permits and what it forbids are, therefore, fights over the legitimating effect of legality. A reconsideration of the rule of law in world politics and its relationship to state power, How to Do Things with International Law examines how and why governments use and manipulate international law in foreign policy.