law s allure how law shapes constrains saves and kills politics

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Law S Allure

Author : Gordon Silverstein
ISBN : 9780521896474
Genre : Law
File Size : 25. 92 MB
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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.

The Nature Of Supreme Court Power

Author : Matthew E. K. Hall
ISBN : 9781139495394
Genre : Political Science
File Size : 71. 33 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.

Making Policy Making Law

Author : Mark C. Miller
ISBN : 1589013646
Genre : Political Science
File Size : 47. 49 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.

Are Judges Political

Author : Cass R. Sunstein
ISBN : 0815782357
Genre : Political Science
File Size : 74. 18 MB
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Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.

Consequential Courts

Author : Diana Kapiszewski
ISBN : 9781107026537
Genre : Law
File Size : 82. 31 MB
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Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.

Studies In Law Politics And Society

Author : Austin Sarat
ISBN : 9781781906194
Genre : Social Science
File Size : 80. 54 MB
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This volume of Studies in Law, Politics and Society brings together an international spread of legal scholars, presenting a varied collection of chapters. Chapters include: child abduction during the military dictatorship in Argentina; a novel approach to empirical research on legal framing from the University of California, Berkeley; the role of silence in law and film from Israel; a chapter from Sweden on the use of video in the court of appeal; and finally two chapters on the supreme court in the USA, one looking at influences through social capital on supreme court decision makers and the second looking at the self-perception and public perception of the supreme court.

Below The Radar

Author : Alison L. Gash
ISBN : 9780190266301
Genre : Political Science
File Size : 35. 85 MB
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In 1993, the nation exploded into anti-same sex marriage fervor when the Hawaii Supreme Court issued its decision to support marriage equality for gay and lesbian couples. Opponents feared that all children, but especially those raised by lesbian or gay couples, would be harmed by the possibility of same-sex marriage, and warned of the consequences for society at large. Congress swiftly enacted the Defense of Marriage Act, defining marriage as between a man and a woman, and many states followed suit. Almost a decade before the Hawaii court issued its decision, however, several courts in multiple states had granted gay and lesbian couples co-parenting status, permitting each individual in the couple to be legally recognized as joint parents over their children. By 2006, advocates in half the states had secured court decisions supporting gay and lesbian co-parenting, and incurred far fewer public reprisals than on the marriage front. What accounts for the stark difference in reactions to two contemporaneous same-sex family policy fights? In Below the Radar, Alison Gash argues that advocacy visibility has played a significant role in determining whether advocacy efforts become mired in conflict or bypass hostile backlash politics. Same-sex parenting advocates are not alone in crafting low-visibility advocacy strategies to ward off opposition efforts. Those who operate, reside in, and advocate for group homes serving individuals with disabilities have also used below-the-radar strategies to diminish the damage cause by NIMBY ("not in my back yard") responses to their requests to move into single-family neighborhoods. Property owners have resorted to slander, subterfuge, or even arson to discourage group homes from locating in their neighborhoods, and for some advocates, secrecy provides the best elixir. Not every fight for civil rights grabs headlines, but sometimes, this is by design. Gash's groundbreaking analyses of these strategies provide a glimpse of the prophylactic and palliative potential of low-visibility advocacy.

The U S Senate

Author : Burdett Loomis
ISBN : 9781483305240
Genre : Political Science
File Size : 43. 62 MB
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With an avalanche of scholarship on the House, it can be tough to balance out coverage in a typical Congress course with appropriate readings on the "slow institution." Offering top-notch research geared to an undergraduate audience, Loomis' new edited volume represents a broad picture of the contemporary Senate and how it came to be. While addressing issues of delay, obstruction, and polarization in a variety of ways, the scholars in this collection are not proposing a reform agenda, but instead, explore the historical and political contexts for how difficult it can be to change a non-majoritarian, highly individualistic institution. Students will come away from these chapters with a much greater appreciation of the Senate's unique combination of tradition, precedent, and constitutional mandate.

Annual Report On The Oecd Guidelines For Multinational Enterprises 2003 Enhancing The Role Of Business In The Fight Against Corruption

Author : OECD
ISBN : 9789264019140
Genre :
File Size : 87. 89 MB
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The OECD Guidelines for Multinational Enterprises are recommendations to multinational enterprises on their conduct in such areas as labour, environment, consumer protection and the fight against corruption. This edition includes an overview on the fight against corruption.

Distorting The Law

Author : William Haltom
ISBN : 0226314693
Genre : Political Science
File Size : 60. 18 MB
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In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.

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