Law's allure : how law shapes, constrains, saves, and kills politics / Gordon Silverstein.

Format:

Book

Author/Creator:

Silverstein, Gordon, author.

Language:

English

Subjects (All):

Political questions and judicial power--United States.

Political questions and judicial power.

Judicial power--United States.

Judicial power.

Justice, Administration of--Political aspects--United States.

Justice, Administration of.

Law--Political aspects--United States.

Law.

Physical Description:

1 online resource (xiii, 316 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2009.

Language Note:

English

Summary:

Judicial and political power are inextricably linked in America, but by the time John Roberts and Samuel Alito joined the Supreme Court, that link seemed more important, more significant, and more pervasive than ever before. From war powers to abortion, from tobacco to integration, from the environment to campaign finance, Americans increasingly turn away from the political tools of negotiation, bargaining, and persuasion to embrace what they have come to believe is a more effective, more efficient, and even more just world of formal rules, automated procedures, litigation, and judicial decision-making. Using more than ten controversial policy case studies, Law's Allure: How Law Shapes, Constrains, Saves, and Kills Politics draws a roadmap to help politicians, litigators, judges, policy advocates, and those who study them understand the motives and incentives that encourage efforts to legalize, formalize, and judicialize the political process and American public policy, as well as the risks and rewards these choices can generate.

Contents:

Motives, incentives, patterns, and process

Why now? from may and may not

to must

Law is different : the power of precedent

Poverty and abortion : the risks and rewards of a judicial strategy

Environmental regulation : a constructive pattern

Campaign finance : a de-constructive pattern

The separation of powers : when the Court says yes

and no

War powers and precedent : when the Court is reluctant to intervene

Tobacco : how law saves

and kills politics

The promise and peril of law's allure.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references (p. 287-305) and index.

ISBN:

1-107-20173-X

1-282-39071-6

9786612390715

0-511-64627-5

0-511-80993-X

0-511-65036-1

0-511-53258-X

0-511-53167-2

0-511-53349-7

OCLC:

609838808