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.

Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan's concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, "Eurolegalism," Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which "law on the books" shapes social life. Like Kagan's scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.

Social scientists have identified a need to move beyond the analysis of correlation among variables to the study of causal mechanisms that link them. Nicholas Weller and Jeb Barnes propose that a solution lies in 'pathway analysis', the use of case studies to explore the causal links between related variables. This book focuses on how the small-N component of multi-method research can meaningfully contribute and add value to the study of causal mechanisms. The authors present both an extended rationale for the unique role that case studies can play in causal mechanism research, and a detailed view of the types of knowledge that case studies should try to generate and how to leverage existing large-N data to guide the case selection process. The authors explain how to use their approach both to select cases and to provide context on previously studied cases.

Since the mid-1970s, Congress has passed hundreds of overrides-laws that explicitly seek to reverse or modify judicial interpretations of statutes. Whether front-page news or not, overrides serve potentially vital functions in American policy-making. Federal statutes-and court cases interpreting them-often require revision. Some are ambiguous, some conflict, and others are obsolete. Under these circumstances, overrides promise Congress a means to repair flawed statutes, reconcile discordant court decisions, and reverse errant judicial interpretations. Overrides also allow dissatisfied litigants to revisit issues and raise concerns in Congress that courts have overlooked. Of course, promising is one thing and delivering is quite another. Accordingly, this book asks: Do overrides, in fact, effectively clarify the law, reverse objectionable judicial statutory interpretations, and broaden deliberation on contested issues? The answers provide new insights into the complex role of overrides in U.S. policy-making and in the politics of contemporary court-Congress relations.

Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan's concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, "Eurolegalism," Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which "law on the books" shapes social life. Like Kagan's scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.

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.

Social scientists have identified a need to move beyond the analysis of correlation among variables to the study of causal mechanisms that link them. Nicholas Weller and Jeb Barnes propose that a solution lies in 'pathway analysis', the use of case studies to explore the causal links between related variables. This book focuses on how the small-N component of multi-method research can meaningfully contribute and add value to the study of causal mechanisms. The authors present both an extended rationale for the unique role that case studies can play in causal mechanism research, and a detailed view of the types of knowledge that case studies should try to generate and how to leverage existing large-N data to guide the case selection process. The authors explain how to use their approach both to select cases and to provide context on previously studied cases.