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...
Since the mid-1970s, Congress has passed hundreds of overrides--laws that explicitly seek to reverse or modify judicial interpretations of statutes. W...
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,...
The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress ...
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...
In an era of polarization, narrow party majorities, and increasing use of supermajority requirements in the Senate, policy entrepreneurs must find ...
Judicialization, juridification, legalization-whatever terms they use, scholars, commentators and citizens are fascinated by what one book has called "The Global Rise of Judicial Power" and seek to understand its implications for politics and society. In How Policy Shapes Politics, Jeb Barnes and Thomas F. Burke find that the turn to courts, litigation, and legal rights can have powerful political consequences. Barnes and Burke analyze the field of injury compensation in the United States, in which judicialized policies operate side-by-side with bureaucratized social insurance...
Judicialization, juridification, legalization-whatever terms they use, scholars, commentators and citizens are fascinated by what one book has called ...
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...