Law's Allure

How Law Shapes, Constrains, Saves, and Kills Politics

AvGordon Silverstein

Häftad, Engelska, 2009

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Beskrivning

Judicial and political power are inextricably linked in America, but by the time John Roberts and Samuel Alito joined the Supreme Court, that link seemed more important, more significant, and more pervasive than ever before. From war powers to abortion, from tobacco to integration, from the environment to campaign finance, Americans increasingly turn away from the political tools of negotiation, bargaining, and persuasion to embrace what they have come to believe is a more effective, more efficient, and even more just world of formal rules, automated procedures, litigation, and judicial decision-making. Using more than ten controversial policy case studies, Law's Allure: How Law Shapes, Constrains, Saves, and Kills Politics draws a roadmap to help politicians, litigators, judges, policy advocates, and those who study them understand the motives and incentives that encourage efforts to legalize, formalize, and judicialize the political process and American public policy, as well as the risks and rewards these choices can generate.

Produktinformation

Utgivningsdatum:2009-05-14
Mått:150 x 228 x 19 mm
Vikt:450 g
Format:Häftad
Språk:Engelska
Antal sidor:334
Förlag:Cambridge University Press
ISBN:9780521721080

Utforska kategorier

Politik och statsskick inom Samhälle och politik
Rättsvetenskap inom Juridik

Mer om författaren

Gordon Silverstein is Assistant Professor of Political Science at the University of California, Berkeley. A former journalist with a PhD from Harvard University, Massachusetts, Professor Silverstein also has taught at Rice University, Houston, Dartmouth College, Lewis and Clark College, Portland, and the University of Minnesota. Silverstein has written a number of articles and book chapters on American politics, the separation of powers, and judicial power in comparative perspective and is the author of Imbalance of Powers: Constitutional Interpretation and the Making of American Foreign Policy (1996).

Recensioner i media

“Law’s Allure is a masterful treatment of the causes and consequences of the juridification of American politics. Beautifully written and displaying Silverstein’s encyclopedic knowledge of American constitutional law and practice, the book helps us understand how the courts can both enable and disable our politics under different circumstances. Silverstein integrates both abstract principle and bare-knuckle politics into the account, resulting in a volume that is at the same time profound and accessible. A major contribution that will enlighten both scholars and the informed public.” -- Tom Ginsburg, The University of Chicago Law School

Innehållsförteckning

Introduction: law's allure and American politics; Part I. Law's Allure: Why, and Why Now, and Why it Matters: 1. Law's allure: motives, incentives, patterns, and process; 2. Why now? The expansion and acceleration of law's allure; 3. Why it matters: law is different - a theory of precedent; Part II. Law's Allure: Patterns, Process, and Cautionary Tales: 4. Poverty and abortion: the risks and rewards of a judicial strategy; 5. Environmental regulation: a constructive process; 6. Campaign finance: a de-constructive process; 7. When the court says yes - and no: the special prosecutor, budget control, and line item vetoes; 8. When the court is reluctant to intervene: war powers; Part III. Law's Allure: Costs and Consequences: 9. Tobacco: the promise and peril of law's allure; Conclusion: law's allure and American politics: for better - and worse.