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...
Across the globe law in all its variety is becoming more central to politics, public policy and everyday life. For over four decades, Rober...
Theoretically, the right to privacy is an individual's right to space away from the public gaze to make life choices that are best for her or him, regardless of the beliefs of the majority. Yet the right to privacy in the United States has proven problematic for both political theorists and constitutional scholars, as it does not conform to theoretical conceptions of privacy or to existing theories of constitutional development.
Mary McThomas provides a new model that helps us to think about both the right to privacy as well as constitutional development. She first divides...
Theoretically, the right to privacy is an individual's right to space away from the public gaze to make life choices that are best for her or him, ...
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other...
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally b...
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other...
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally b...
State legislatures regularly and recurrently affect constitutional meaning. However, they do so not through legal pathways like constitutional amendment or judicial challenges but by passing resolutions that assert an interpretation different than the one prevailing nationally. These resolutions help rally popular and political resistance and, when successful, alter the wider political environment and constitutional culture. Despite the obvious importance of federalism to American constitutionalism, little is known about the political influence of states in defining the American...
State legislatures regularly and recurrently affect constitutional meaning. However, they do so not through legal pathways like constitutional amen...
Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to leave decisions to the courts. The higher complexity of the political framework is a result of the need in the EU to consider both national and European legal and political rules when phrasing new laws. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional.
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Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less...
The Court's decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that...
The Court's decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business....
One of the more enduring topics of concern for empirically-oriented scholars of law and courts-and political scientists more generally-is how research can be more directly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that has increased in recent years. Brandon Bartels and Chris Bonneau argue that being attuned to the normative implications of one's work enhances the quality of empirical work, not to mention makes it substantially more interesting to both...
One of the more enduring topics of concern for empirically-oriented scholars of law and courts-and political scientists more generally-is how research...
One of the more enduring topics of concern for empirically-oriented scholars of law and courts-and political scientists more generally-is how research can be more directly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that has increased in recent years.
Brandon L. Bartels and Chris W. Bonneau argue that being attuned to the normative implications of one's work enhances the quality of empirical work, not to mention makes it substantially more...
One of the more enduring topics of concern for empirically-oriented scholars of law and courts-and political scientists more generally-is how resea...
