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Author: Mark C. Miller
Publisher: Georgetown University Press
ISBN: 9781589013643
Category : Political Science
Languages : en
Pages : 260
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Book Description
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.
Author: Mark C. Miller
Publisher: Georgetown University Press
ISBN: 9781589013643
Category : Political Science
Languages : en
Pages : 260
Get Book
Book Description
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.
Author: Associate Professor of Political Science Jeb Barnes
Publisher: Cognella Academic Publishing
ISBN: 9781516512829
Category : Law
Languages : en
Pages : 450
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Book Description
Standard texts on law, courts, and judicial policymaking offer a collection of facts and details about the intricacies of the American legal system and judicial decision-making, but they often ignore how law and courts fit within broader political and policy-making processes. Judicial Policymaking: Readings on Law, Politics, and Public Policy takes a different approach. It provides a broad range of materials, including scholarly writings, newspaper articles, and political cartoons, to give readers a set of tools for exploring the complex and varied role of law and courts in contemporary American society. The book explores topics such as the core promises of and limits on law and courts, American courts compared to those abroad, the possibility of replacing such a costly and unpredictable American legal system, and the question of the American legal system serving core democratic values. This new edition features updated reading selections that explore relevant and recent topics, and all readings are supplemented with brief introductory essays, review questions, and suggestions for further course materials, such as movies and documentaries, which enrich and enliven the study of law, politics, and public policymaking. Judicial Policymaking can be used as both a standalone text and an invaluable supplement to standard textbooks. Jeb Barnes received his law degree from the University of Chicago Law School and doctorate from University of California, Berkeley. He is currently a tenured professor in the Department of Political Science at the University of Southern California, where he teaches undergraduate and graduate courses on law, politics, and public policy.
Author: Robert M. Howard
Publisher: Routledge
ISBN: 1136887601
Category : Law
Languages : en
Pages : 245
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Book Description
To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.
Author: Cornelius M. Kerwin
Publisher: Cq Press
ISBN: 9780871879936
Category : Law
Languages : en
Pages : 0
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Book Description
Kerwin examines rulemaking as a relatively unfamiliar yet vital aspect of lawmaking. He uses examples, such as the EPA's implementation of the Clean Air Act, to illustrate this important stage in the policymaking process, including basic rulemaking procedures and judicial consideration of rules.
Author: Mark C. Miller
Publisher: Georgetown University Press
ISBN: 1589013646
Category : Political Science
Languages : en
Pages : 257
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Book Description
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.
Author: William J. Chambliss
Publisher: Indiana University Press
ISBN: 9780253208347
Category : Law
Languages : en
Pages : 474
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Book Description
" . . . a distinct, broad, but compelling framework for examining a variety of laws and social policies." —Legal Studies Forum " . . . a very rich volume that has something to offer to many different tastes . . . an excellent companion to the main textbook in a large undergraduate law-and-society course." —Contemporary Sociology No issue has captured the imagination of social scientists and legal scholars more consistently than the creation of laws. The political implications of the study of law and society often create ideological diatribes with little attention to empirical detail. In this book, legal scholars, sociologists, political scientists, and anthropologists join in an attempt to develop and refine a structural theory of law.
Author: Joel B. Grossman
Publisher: John Wiley & Sons
ISBN:
Category : Law
Languages : en
Pages : 1596
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Book Description
Author: Cornelius M Kerwin
Publisher: CQ Press
ISBN: 9781568027807
Category : Political Science
Languages : en
Pages : 0
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Book Description
Previous editions published : 1999 (2nd) and 1994 (1st).
Author: Norma Riccucci
Publisher: NYU Press
ISBN: 1479845043
Category : Political Science
Languages : en
Pages : 287
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Book Description
The role of formal and informal institutional forces in changing three areas of U.S. public policy: privacy rights, civil rights and climate policy There is no finality to the public policy process. Although it’s often assumed that once a law is enacted it is implemented faithfully, even policies believed to be stable can change or drift in unexpected directions. The Fourth Amendment, for example, guarantees Americans’ privacy rights, but the 9/11 terrorist attacks set off one of the worst cases of government-sponsored espionage. Policy changes instituted by the National Security Agency led to widespread warrantless surveillance, a drift in public policy that led to lawsuits challenging the constitutionality of wiretapping the American people. Much of the research in recent decades ignores the impact of large-scale, slow-moving, secular forces in political, social, and economic environments on public policy. In Policy Drift, Norma Riccucci sheds light on how institutional forces collectively contributed to major change in three key areas of U.S. policy (privacy rights, civil rights, and climate policy) without any new policy explicitly being written. Formal levers of change—U.S. Supreme Court decisions; inaction by Congress; Presidential executive orders—stimulated by social, political or economic forces, organized permutations which ultimately shaped and defined contemporary public policy. Invariably, implementations of new policies are embedded within a political landscape. Political actors, motivated by social and economic factors, may explicitly employ strategies to shift the direction of existing public polices or derail them altogether. Some segments of the population will benefit from this process, while others will not; thus, “policy drifts” carry significant consequences for social and economic change. A comprehensive account of inadvertent changes to privacy rights, civil rights, and climate policy, Policy Drift demonstrates how unanticipated levers of change can modify the status quo in public policy.
Author: Makani N. Themba
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 196
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Book Description
Time to share the burden:toward Institution-Focused Intervention; An agenda of substance:grassroots efforts to reduce alcohol and tobaco problems; Making more pie: local initiatives that increase resources and institutional accountability; Plotting a course: lessons from the front lines; taking policy:media and the message; Looking ahead: reflections and recommendations.
