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.

Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity.

To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance.

In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.

In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial-likely to rely on legal threats and lawsuits-than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority. "This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book." -Lawrence Friedman, Stanford University "A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process." -Charles R. Epp, Law and Society Review

How much does regulation matter in shaping corporate behavior? This pathbreaking, in-depth study of fourteen pulp manufacturing mills in the United States, Canada, Australia, and New Zealand reveals that steadily tightening regulatory standards have been crucial for raising environmental performance. But while all firms have shown improvement, some have improved more than others, many going substantially beyond compliance. What explains the variation in compliance? It's not necessarily the differences in regulation in each country. Rather, variation is accounted for by the complex interaction between tightening regulations and a social license to operate (especially pressures from community and environmental activists), economic constraints, and differences in corporate environmental management style. Shades of Green provides the most extensive and systematic empirical study to date of why firms achieve the levels of environmental performance that they do.

How much does regulation matter in shaping corporate behavior? This pathbreaking, in-depth study of fourteen pulp manufacturing mills in the United States, Canada, Australia, and New Zealand reveals that steadily tightening regulatory standards have been crucial for raising environmental performance. But while all firms have shown improvement, some have improved more than others, many going substantially beyond compliance. What explains the variation in compliance? It's not necessarily the differences in regulation in each country. Rather, variation is accounted for by the complex interaction between tightening regulations and a social license to operate (especially pressures from community and environmental activists), economic constraints, and differences in corporate environmental management style. Shades of Green provides the most extensive and systematic empirical study to date of why firms achieve the levels of environmental performance that they do.