Martin Shapiro – författare

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science of law and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: the strategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' around the world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of modes of governance to avoid encountering a great deal of law and courts. In this text two leading political scientists present the best of their research, focusing on how to build and test a social science of law and courts. The opening chapter features Shapiro's "Political Jurisprudence", and Stone Sweet's "Judicialization and the Construction of Governance".

In this provocative work, Martin Shapiro proposes an original model for the study of courts, one that emphasizes the different modes of decision making and the multiple political roles that characterize the functioning of courts in different political systems.

Promoting competition has been a leading theme of public policy over the past 30 years. In the United States, the movement began in the 1970s with efforts to rewrite the rules for aviation, trucking, and telecommunications. Since then, many other industries have come in for similar treatment, with banking, securities, agriculture, and energy heading the list. This trend is often described as ""deregulation,"" but ""market design"" is a better term. Promoting competition is not just about removing legal controls and then getting out of the way. It also requires that policymakers consciously design new markets, often with significant rules and regulations to promote efficiency. In Creating Competitive Markets: The Politics and Economics of Regulatory Reform, leading experts from academia, government, and the private sector evaluate more than a dozen efforts at market design. The contributors to this volume analyze a broad range of sectors, including airlines, electricity, education, and pensions. They examine developments in Canada, the United Kingdom, and Japan, as well as the United States. In each case, the authors ask three critical questions: Can markets be designed? How significant are the impediments to competition found in different sectors? And how do the politics of market design shape the policies that result? Taken together, these chapters help explain why few recent cases of market design have proven to be as unambiguously successful or as relatively uncontroversial as the deregulation of trucking, airlines, and telecommunications. They also provide valuable lessons for future participants in the never-ending process of market construction and redesign. Rich in analysis and detail, Creating Competitive Markets is essential reading for anyone interested in regulatory politics and policy. Contributors include John Cioffi (University of California-Riverside), Darius Gaskins (Norbridge, Inc.), Jacob Hacker (Yale University), Udi Helman (Federal Energy Regulatory Commission), Frederick Hess (American Enterprise Institute), Edward Iacobucci (University of Toronto), Alan Jacobs (University of British Columbia), Michael Levine (New York University), Jonathan Macey (Yale University), Richard O'Neill (Federal Energy Regulatory Commission), Eric Patashnik (University of Virginia), Andrew Rich (City College of New York), Peter Schuck (Yale University), Steven Teles (Yale University), Michael Trebilcock (University of Toronto), Steven Vogel (University of California-Berkeley), Graham Wilson (University of Wisconsin), and Ralph A. Winter (University of British Columbia).

This highly useful volume contains the complete text of The Constitution of the United States, including all 26 amendments, as well as the Declaration of Independence, the Articles of Confederation, and the key sections of the Civil Rights Act and the Voting Rights Act. Also included is a fine introduction by editor Martin Shapiro.

"Transatlantic Policymaking in an Age of Austerity" integrates the study of politics and public policy across a broad spectrum of regulatory and social welfare policies in the United States and several nations of Western Europe. The editors and a sterling list of contributors look at policymaking in the 1990s through the present - providing a comparative politics framework - stressing both parallel development and the differences between and among the nations. Similar prevailing ideas and political factors can be identified and transatlantic comparisons made - providing for a clearer understanding of the policymaking process. Faith in regulated markets and the burden of rising welfare costs are concerns found on both sides of the Atlantic. Western democracies also share political climates colored by economic austerity; low trust in government, pressures from interest groups, and a sharply divided electorate. Because of differing political processes and differing policy starting points, a variety of disparate policy decisions have resulted.Real world policymaking in the areas of welfare, health, labor, immigration reform, disability rights, consumer and environmental regulation, administrative reforms, and corporate governance are compared. Ultimately, the last decade is best characterized as one of "drift", sluggish changes with little real innovation and much default to the private sector. In general, policymakers on both sides of the ocean, constrained by economic necessity, have been unable to produce policy outcomes that satisfy the key segments of the electorate. The contributors examine the United States, Great Britain, France, and Germany, as well as a number of other European countries, and study the European Union itself as a policymaking institution. "Transatlantic Policymaking in an Age of Austerity" distills the prominent issues, politics, and roles played by governmental institutions into a new understanding of the dynamics of policymaking in and among transatlantic nations.

During the past decade, Democrats and Republicans each have received about fifty percent of the votes and controlled about half of the government, but this has not resulted in policy deadlock. Despite highly partisan political posturing, the policy regime has been largely moderate. Incremental, yet substantial, policy innovations such as welfare reform; deficit reduction; the North American Free Trade Agreement; and, the deregulation of telecommunications, banking, and agriculture have been accompanied by such continuities as Social Security and Medicare, the maintenance of earlier immigration reforms, and the persistence of many rights-based policies, including federal affirmative action. In "Seeking the Center", twenty-one contributors analyze policy outcomes in light of the frequent alternation in power among evenly divided parties. They show how the triumph of policy moderation and the defeat of more ambitious efforts, such as health care reform, can be explained by mutually supporting economic, intellectual, and political forces.Demonstrating that the determinants of public policy become clear by probing specific issues, rather than in abstract theorizing, they restore the politics of policymaking to the forefront of the political science agenda. A successor to Martin A. Levin and Marc K. Landy's influential "The New Politics of Public Policy" (Johns Hopkins University Press, 1995), this book will be vital reading for advanced undergraduate and graduate students in political science and public policy, as well as a resource for scholars in both fields.