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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. 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.
"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.
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.
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.
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.
From Prison to Power A Tale of Intrigue and Adventure in Ancient
Times Paul Duevel says, "In his "Scroll of Naska Series" author
Martin Shapiro transports the reader to the Middle East of 1600 BC.
I found myself quickly caught up in the fascinating culture of
these Biblical times and places, and was reluctant to put it down
for fear of breaking the spell. Naska's story is filled with
passion, cunning and violence. Life in this era was not for the
meek, and Shapiro captures this essence with many scenes of love,
hate and revenge. I can't wait for the next in the series " The
Pharaoh's government is in transition. Joseph is appointed Grand
Vizier to prepare Egypt for the coming famine. His surprise
elevation suddenly demotes others. Enemies lurk. Then High Priest
Haroun dies. The Karnak Temple is in turmoil. Men of vision see
opportunities and threats. Conspiracies abound. Some seek power,
some fortune. Others seek the return of pride. Power and fortune
have no greater rival than pride. Joseph Reigns continues our
incredible journey through the translation of Shapiro's Scroll of
Naska, an imagined pre-biblical text, discovered in Iraq during
Operation Desert Storm. This Scroll, dictated by Naska, the
Midianite that bought Joseph as a slave from his brothers, offers
new details of this well-known story after 3600 years of darkness
and mystery. Witness the drama, Ride in the action, Revel in the
romance, Wince at the cruelty, Laugh at the humor. Life was as it
is today The truth might surprise you.
A well-respected political study of free speech on a changing
Supreme Court in an era of rights jurisprudence. One of the great
continuing disputes of American politics is about the role of the
Supreme Court. Another is about the First Amendment and freedom of
speech. This book is about both. As a classic defense of the
responsible yet openly political role of the Court, this book
belies the notion reasserted most recently by Chief Justice Roberts
that judges are just the neutral umpires in the legal ballgame.
Especially in the realm of free speech, the Court must own up to
its political function, Martin Shapiro argues in a way that seems
to anticipate the current vogue of judicial modesty. He takes
head-on the supposed modesty and deference of Frankfurter, Hand,
and others, and supports the legacy of clear and present danger
inherited from Holmes and Brandeis. The book is thus timeless in
its insight as to the true position of the Court in the legal
landscape. In FREEDOM OF SPEECH, Shapiro offers a provocative
challenge to those who uphold the judicially modest interpretation
of the role of the Supreme Court and who would keep the Court
inviolate from the political process. Each branch of the
government, he says, represents specific clienteles and defends
specific interests and beliefs. Shapiro argues that one of the
Supreme Court's unique functions is to defend those interests which
can find no defenders elsewhere; those speakers whose methods we
may not be able to countenance, whose ideologies we may deplore,
whose objectives we may fear. From this original analysis of the
role of the Supreme Court within the American political system, the
author goes on to challenge the Court to use its powers of judicial
review to fulfill its special responsibility by maintaining a
special preference for freedom. Shapiro affirms the cause of
judicial activism and clears the way for the Court to make a more
empowering defense of the most cherished right. More generally, and
as applicable today as when he first wrote it, it is time for
judges to acknowledge that constitutional review is not a
simplistic task of submission; political and policy choices are
necessarily made. For if the people have been led by the Justices
themselves, or for that matter by Fourth of July oratory, into
believing that the Supreme Court merely puts the Constitution on
top of a statute and lops off whatever sticks out over the edges,
they have accepted the form but not the substance of review. The
legacy of Marbury v. Madison, and the last century's legacy of
Holmes and Brandeis in the arena of free speech, deserve better.
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).
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