Search Results for "adversarial-legalism-the-american-way-of-law"

Adversarial Legalism

Adversarial Legalism

The American Way of Law

  • Author: Robert A. KAGAN,Robert A Kagan
  • Publisher: Harvard University Press
  • ISBN: 9780674039278
  • Category: Law
  • Page: 352
  • View: 2539
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American methods of policy implementation and dispute resolution are more adversarial and legalistic when compared with the systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, and penalties more severe. In a thoughtful and cogently argued book, Robert Kagan examines the origins and consequences of this system of "adversarial legalism." Kagan describes the roots of adversarial legalism and the deep connections it has with American political institutions and values. He investigates its social costs as well as the extent to which lawyers perpetuate it. Ranging widely across many legal fields, including criminal law, environmental regulations, tort law, and social insurance programs, he provides comparisons with the legal and regulatory systems of western Europe, Canada, and Japan that point to possible alternatives to the American methods. Kagan notes that while adversarial legalism has many virtues, its costs and unpredictability often alienate citizens from the law and frustrate the quest for justice. This insightful study deepens our understanding of law and its relationship to politics in America and raises valuable questions about the future of the American legal system.

Institutions & Public Law

Institutions & Public Law

Comparative Approaches

  • Author: Tom Ginsburg,Robert A. Kagan
  • Publisher: Peter Lang
  • ISBN: 9780820474779
  • Category: Law
  • Page: 324
  • View: 7320
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"Institutions & Public Law: Comparative Approaches" is a set of essays on the politics of law and courts by leading public law scholars in the United States, Europe, and Latin America. The essays share the view that understanding courts requires attention to the political dynamics that shape judicial design and authority, as well as the position of courts within the broader political system. This volume is essential reading for undergraduate and graduate courses in judicial politics.

US-Kongreß und Deutscher Bundestag

US-Kongreß und Deutscher Bundestag

Bestandsaufnahmen im Vergleich

  • Author: Uwe Thaysen
  • Publisher: Springer-Verlag
  • ISBN: 3322835545
  • Category: Social Science
  • Page: 608
  • View: 578
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Engines of Change

Engines of Change

Party Factions in American Politics, 1868-2010

  • Author: Daniel DiSalvo
  • Publisher: Oxford University Press
  • ISBN: 0199891710
  • Category: Political Science
  • Page: 272
  • View: 1192
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Engines of Change, which is in the Oxford Studies in Postwar American Political Development series, provides the first full account of the role of national intra-party "factions" in American politics. Drawing from the last 150 years of American political history, DiSalvo explains how factions have shaped the parties' ideologies, impacted presidential nominations, structured patterns of presidential governance, and impacted the development of the American state.

Legalism

Legalism

Community and Justice

  • Author: Fernanda Pirie,Judith Scheele
  • Publisher: OUP Oxford
  • ISBN: 0191025933
  • Category: Law
  • Page: 260
  • View: 5562
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'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts. The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.

Up in Smoke

Up in Smoke

From Legislation to Litigation in Tobacco Politics

  • Author: Martha A. Derthick
  • Publisher: SAGE
  • ISBN: 1483304647
  • Category: Political Science
  • Page: 280
  • View: 1603
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Now, with a brand new 3rd edition, the book returns to "ordinary politics" and the passage of the Family Smoking Prevention and Tobacco Control Act which gave the FDA broad authority to regulate both the manufacture and marketing of tobacco products. Derthick shows our political institutions working as they should, even if slowly, with partisanship and interest group activity playing their part in putting restraints on cigarette smoking.

Risk Regulation and Administrative Constitutionalism

Risk Regulation and Administrative Constitutionalism

  • Author: Elizabeth Fisher
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847313728
  • Category: Law
  • Page: 256
  • View: 7744
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Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those promoting 'scientific' approaches to risk evaluation and those promoting 'democratic' approaches. This characterization of disputes has ignored the central roles of public administration and law in technological risk evaluation. This is problematic because, as shown in this book, legal disputes over risk evaluation are disputes over administrative constitutionalism in that they are disputes over what role law should play in constituting and limiting the power of administrative risk regulators. This is shown by five case studies taken from five different legal cultures: an analysis of the bifurcated role of the Southwood Working Party in the UK BSE crisis; the development of doctrines in relation to judicial review of risk evaluation in the US in the 1970s; the interpretation of the precautionary principle by environmental courts and generalist tribunals carrying out merits review in Australia; the interpretation of the WTO Sanitary and Phytosanitary Agreement as part of the WTO dispute settlement process; and the interpretation of the precautionary principle in the EU context. A strong argument is thus made for re-orienting the focus of scholarship in this area.

Grundlegung der Sociologie des Rechts

Grundlegung der Sociologie des Rechts

  • Author: Eugen Ehrlich
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law
  • Page: 409
  • View: 2573
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The Oxford Handbook of State and Local Government

The Oxford Handbook of State and Local Government

  • Author: Donald P. Haider-Markel
  • Publisher: OUP Oxford
  • ISBN: 0191611964
  • Category: Political Science
  • Page: 976
  • View: 7878
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The Oxford Handbook of State and Local Government is an historic undertaking. It contains a wide range of essays that define the important questions in the field, evaluate where we are in answering them, and set the direction and terms of discourse for future work. The Handbook will have a substantial influence in defining the field for years to come. The chapters critically assess both the key works of state and local politics literature and the ways in which the sub-field has developed. It covers the main areas of study in subnational politics by exploring the central contributions to the comparative study of institutions, behavior, and policy in the American context. Each chapter outlines an agenda for future research.

Regieren und Kommunikation

Regieren und Kommunikation

Meinungsbildung, Entscheidungsfindung und gouvernementales Kommunikationsmanagement : Trends, Vergleiche, Perspektiven

  • Author: Klaus Kamps,Jörg-Uwe Nieland
  • Publisher: Herbert von Halem Verlag
  • ISBN: 3938258071
  • Category: Communication
  • Page: 371
  • View: 9044
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Lobby Work

Lobby Work

Interessenvertretung als Politikgestaltung

  • Author: Rudolf Speth,Annette Zimmer
  • Publisher: Springer-Verlag
  • ISBN: 3658094338
  • Category: Political Science
  • Page: 351
  • View: 2776
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„Lobby Work“ ist Interessenvertretung unter veränderten Bedingungen einer medien- und marktaffinen Gesellschaft. Der Band fängt das breite Spektrum neuer Formen und Akteure ein, die Interessenvertretung auch als Geschäftsmodell betreiben. In den Blick genommen werden u.a. medienwirksame Kampagnen mittels Public Affairs-Agenturen, gezielte Mobilisierung von AktivistInnen im Netz durch NGOs sowie strategisch geplante Einflussnahme durch Stiftungen. Mit der „guten alten Zeit“ neo-korporatistischer Interessenvermittlung hat Lobby-Work nicht mehr viel zu tun.

The Liability Century

The Liability Century

Insurance and Tort Law from the Progressive Era To 9/11

  • Author: Kenneth S. Abraham
  • Publisher: Harvard University Press
  • ISBN: 9780674033771
  • Category: Law
  • Page: 288
  • View: 8419
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Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001. From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A "liability-and-insurance spiral" emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance. Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance--that spreading losses among large numbers of policyholders is desirable--came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand. Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

  • Author: Alan Uzelac
  • Publisher: Springer Science & Business Media
  • ISBN: 331903443X
  • Category: Law
  • Page: 263
  • View: 3973
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This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

Controversies in Innocence Cases in America

Controversies in Innocence Cases in America

  • Author: Ms Sarah Lucy Cooper
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409463540
  • Category: Law
  • Page: 246
  • View: 1738
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This volume brings together leading experts on the investigation, litigation and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors consider the challenges faced by the exoneration movement, causes of wrongful convictions, problems associated with investigating, proving, and defining ‘innocence’, and theories of reform. These issues are investigated from a multi-disciplinary perspective and with the aim of improving the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.

Complex Justice

Complex Justice

The Case of Missouri v. Jenkins

  • Author: Joshua M. Dunn
  • Publisher: UNC Press Books
  • ISBN: 1469606607
  • Category: Political Science
  • Page: 240
  • View: 4874
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In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

Compensating Asbestos Victims

Compensating Asbestos Victims

Law and the Dark Side of Industrialization

  • Author: Dr Andrea Boggio
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409472523
  • Category: Law
  • Page: 302
  • View: 1693
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This book traces the emergence and transformations of asbestos compensation to explore the wider issue of to what extent legal systems have converged in the era of globalization. Examining the mechanism by which asbestos compensation is delivered in Belgium, England, Italy and the United States, as well as the cultural forces and actors which contribute to its emergence and transformations, the book advances our understanding of how law operates within cultural norms, routines, and institutional relations of capitalist societies. With material gathered from 50 interviews and from primary and secondary sources, the author considers law as a cultural phenomenon, national styles of legal culture and the convergence and divergence of legal cultures, and law as a form of institutionalized power.

The Oxford Handbook of Public Accountability

The Oxford Handbook of Public Accountability

  • Author: Mark Bovens,Robert E. Goodin,Thomas Schillemans
  • Publisher: OUP Oxford
  • ISBN: 0191002577
  • Category: Political Science
  • Page: 800
  • View: 8601
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Over the past two decades public accountability has become not only an icon in political, managerial, and administrative discourse but also the object of much scholarly analysis across a broad range of social and administrative sciences. This handbook provides a state of the art overview of recent scholarship on public accountability. It collects, consolidates, and integrates an upsurge of inquiry currently scattered across many disciplines and subdisciplines. It provides a one-stop-shop on the subject, not only for academics who study accountability, but also for practitioners who are designing, adjusting, or struggling with mechanisms for accountable governance. Drawing on the best scholars in the field from around the world, The Oxford Handbook of Public Accountability showcases conceptual and normative as well as the empirical approaches in public accountability studies. In addition to giving an overview of scholarly research in a variety of disciplines, it takes stock of a wide range of accountability mechanisms and practices across the public, private and non-profit sectors, making this volume a must-have for both practitioners and scholars, both established and new to the field.

Product Safety and Liability Law in Japan

Product Safety and Liability Law in Japan

From Minamata to Mad Cows

  • Author: Luke Nottage
  • Publisher: Routledge
  • ISBN: 1134433891
  • Category: Business & Economics
  • Page: 328
  • View: 3393
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Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.

Consequential Courts

Consequential Courts

Judicial Roles in Global Perspective

  • Author: Diana Kapiszewski,Gordon Silverstein,Robert A. Kagan
  • Publisher: Cambridge University Press
  • ISBN: 1107067537
  • Category: Law
  • Page: N.A
  • View: 7127
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In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.