Products

This thorough glossary explains the key concepts, institutions, personalities, and events most commonly referred to in the teaching of U.S. politics and government. The author has emphasized accessibility, in order to provide students with a ready source of knowledge that can supplement core reading. The book will help students to address any gaps they may have in their understanding of U.S. politics, which, in turn, will make studying this fascinating subject all the more rewarding and enjoyable.

Marbury v. Madison, decided in 1803, is the foundation stone of the American doctrine of judicial review. Remarkably, the case was decided without the parties having presented an oral argument to the Supreme Court. This book begins with a unique transcript of an oral argument in the case, conducted before a bench of four distinguished federal judges. The transcript is followed by essays on Marburys intellectual background, its significance in U.S. constitutional history, and the way in which we might think of constitutional theory and judicial review in terms sensitive to the historical and political contexts in which the practice persists. Distinguished commentators question some of the claims made in the essays, and offer their own perspectives on Marburys importance.

Federal court confirmations in the United States have become openly political affairs, with partisans lining up to support their preferred candidates. Matters in the states are not much different, with once sleepy judicial elections changing into ever more contentious political slugfests, replete with single-issue interest groups and negative campaign advertising. Once on the bench, judges at every level find themselves dogged by charges of politically motivated decision-making.

In this first-of-its-kind collection, prominent figures from the academy, the bench, and the press reflect on the state of the American judiciary. Using the results of a specially commissioned public opinion poll as a starting point, the contributors examine the complex mix of legal principle, political maneuvering, and press coverage that swirl around judicial selection and judicial decision making today. Essays examine the rise of explicitly political state judicial elections, the merits of judicial appointments, the rhetoric of federal judicial confirmation hearings, the quality of legal reporting, the portrayal of courts on the Internet, the inevitable tensions between judges and journalists, and the importance of regulating judicial appearances.

Contributors Include: Keith J. Bybee, Charles Gardner Geyh, G. Alan Tarr, Harold See, James E. Graves, Jr., John M. Walker, Jr., Joanne F. Alper, Mark Obbie, Dahlia Lithwick, Tom Goldstein, and Anthony Lewis

An intensive global search is on for the "rule of law," the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. Very little attention, however, has been paid to the widening gap between theory and practice, or to the ongoing disconnect between stated project goals and actual funded activities.

Beyond Common Knowledge examines the standard methods of legal and judicial reform. Taking stock of international experience in legal and judicial reform in Latin America, Europe, India, and China, this volume answers key questions in the judicial reform debate: What are the common assumptions about the role of the courts in improving economic growth and democratic politics? Do we expect too much from the formal legal system? Is investing in judicial reform projects a good strategy for getting at the problems of governance that beset many developing countries? If not, what are we missing?

Biosecurity comprehensively analyzes the dramatic transformations that are reshaping how the international community addresses biological weapons and infectious diseases.

The book examines the renewed threat from biological weapons, and explores the new world of biological weapons governance. Gostin and Fidler argue that the arms control approach in the Biological Weapons Convention no longer dominates. Other strategies have emerged to challenge the arms control approach, and the book identifies four important policy trends—the criminalization of biological weapons, regulation of the biological sciences, management of the biodefense imperative, and preparation for biological weapons attack.

The book also explores the challenges to public health resulting from new security threats. The authors look at the linkages between security and public health policy, both at the national and international level. For instance, Gostin and Fidler scrutinize the difficulty of developing policies that improve defenses against both biological weapons and the threat of infectious diseases from new viral strains.

The new worlds of biological weapons and public health governance raise the importance of crafting policy responses informed by the rule of law. Thinking about the rule of law underscores the importance of finding globalized forms of biosecurity governance. The book explores patterns in recent governance initiatives and advocates building a "global biosecurity concert" as a way to address the threats biological weapons and infectious diseases present in the early 21st century.

Cause Lawyers and Social Movements seeks to reorient scholarship on cause lawyers, inviting scholars to think about cause lawyering from the perspective of those political activists with whom cause lawyers work and whom they seek to serve. It demonstrates that while all cause lawyering cuts against the grain of conventional understandings of legal practice and professionalism, social movement lawyering poses distinctively thorny problems.

The editors and authors of this volume explore the following questions: What do cause lawyers do for, and to, social movements? How, when, and why do social movements turn to and use lawyers and legal strategies? Does their use of lawyers and legal strategies advance or constrain the achievement of their goals? And, how do movements shape the lawyers who serve them and how do lawyers shape the movements?

Cause Lawyers and Social Movements seeks to reorient scholarship on cause lawyers, inviting scholars to think about cause lawyering from the perspective of those political activists with whom cause lawyers work and whom they seek to serve. It demonstrates that while all cause lawyering cuts against the grain of conventional understandings of legal practice and professionalism, social movement lawyering poses distinctively thorny problems.

The editors and authors of this volume explore the following questions: What do cause lawyers do for, and to, social movements? How, when, and why do social movements turn to and use lawyers and legal strategies? Does their use of lawyers and legal strategies advance or constrain the achievement of their goals? And, how do movements shape the lawyers who serve them and how do lawyers shape the movements?

This book adds to the environmental politics and policy literature by conducting a comprehensive investigation of business influence in agenda building and environmental policymaking in the United States over time. As part of this investigation, the author presents an analysis of six cases in which private firms were involved in disputes concerning pollution control and natural resource management.

In addition to determining how much business interests influence environmental and natural resource policy, the book tests possible explanations for their level of success in shaping the government's agenda and policy. The study offers a general conceptual framework for analyzing the influence of corporate America over environmental policymaking. The research then explores how much firms have influenced Congress, the U.S. Environmental Protection Agency and certain natural resource agencies, and the courts on environmental and natural issues since the beginning of the environmental movement in 1970. No other study has examined the ability of business to influence environmental policy in all three branches of government and in such detail.

Since the hiring of the first Supreme Court law clerk by Associate Justice Horace Gray in the late 1880s, court observers and the general public have demonstrated a consistent fascination with law clerks and the influence—real or imagined—that they wield over judicial decisions. While initially each Supreme Court justice hired a single clerk, today's justices can hire up to four new law school graduates. The justices have taken advantage of this resource, and in modern times law clerks have been given greater job duties and more responsibility. The increased use of law clerks has spawned a controversy about the role they play, and commentators have suggested that liberal or conservative clerks influence their justices' decision making. The influence debate is but one piece of a more important and largely unexamined puzzle regarding the hiring and utilization of Supreme Court law clerks.

Courtiers of the Marble Palace is the first systematic examination of the "clerkship institution"—the web of formal and informal norms and rules surrounding the hiring and utilization of law clerks by the individual justices on the United States Supreme Court. Todd Peppers provides an unprecedented view into the work lives of and day-to-day relationships between justices and their clerks; relationships that in some cases have extended to daily breakfasts, games of competitive basketball and tennis, and occasional holiday celebrations. Through personal interviews with fifty-three former clerks and correspondence with an additional ninety, as well as personal interviews with a number of non-clerks, including Justice Antonin Scalia, Peppers has amassed a body of information that reveals the true inner-workings of the clerkship institution.

With a Foreword by Professor Robert M. O'Neil of the University of Virginia School of Law, former President of the University of Virginia and former law clerk for Justice William J. Brennan, Jr.

Free Trade and the Environment examines the impact economic integration has on the environment, using Mexico, which transformed itself from one of the most closed economies to one of the world's most open, as a case study. As new nations join the Free Trade Area of the Americas or the World Trade Organization, they are considering the path taken by Mexico nearly 20 years ago.

The author investigates two commonly held and opposing beliefs in the policy community about the impact of free trade on the environment. While some believe that free trade will raise incomes in developing countries, thus encouraging governments to protect the environment, others argue that free trade simply provides an incentive for heavily polluting industries to move to developing countries with lax environmental regulations. The author shows that for Mexico in fact neither position is correct, and concludes with suggestions for free trade policies that couple environmental benefits with economic integration.

Free Trade and the Environment examines the impact economic integration has on the environment, using Mexico, which transformed itself from one of the most closed economies to one of the world's most open, as a case study. As new nations join the Free Trade Area of the Americas or the World Trade Organization, they are considering the path taken by Mexico nearly 20 years ago.

The author investigates two commonly held and opposing beliefs in the policy community about the impact of free trade on the environment. While some believe that free trade will raise incomes in developing countries, thus encouraging governments to protect the environment, others argue that free trade simply provides an incentive for heavily polluting industries to move to developing countries with lax environmental regulations. The author shows that for Mexico in fact neither position is correct, and concludes with suggestions for free trade policies that couple environmental benefits with economic integration.

On February 10, 2007, Barack Obama stood before the Illinois capital building and announced his potentially historic presidential bid. The next day, he was in Iowa Falls, campaigning. He was far from the first—Hillary Rodham Clinton, John Edwards, John McCain, and Mitt Romney were already swarming the Hawkeye State, seeking votes behind every hay bale.

Why Iowa?

After all, in the lead-up to the 2008 presidential primary, both Iowa and New Hampshire have come under significant fire—as usual. Critics like Sen. Carl Levin (D-Mich.) have charged that these early contests dominate the nomination process, yet are badly out of step with the ideology and demographics of the party and the country writ large. However, while New Hampshire has suffered a serious setback, Iowa has once again emerged as the first presidential primary contest, in part by arguing that its Precinct Caucus was a time-honored tradition that helped winnow the field with good old retail politicking and grassroots activism.

This debate comes to a head this coming Winter, when tens of thousands of Iowans will troop to libraries and churches, prepared for an hour or more of party business. Each of these party meetings, or "caucuses," will hold straw polls, the results of which will be broadcast around the world. One analysis found that the Caucus generates 143 times as much media coverage as other presidential primary contests, controlling for the date and size of the contest. In other words, being first thrusts the Iowa Caucus onto a towering public stage with extraordinary public interest.

Both of these factors—the normative public debate and the empirical public frenzy—demonstrate the need for a very close look at the Caucus, in all its warts and beauty. Grassroots Rules was written to provide just such a study.

In 1993, environmental objections to NAFTA resulted in the establishment of the North American Commission for Environmental Cooperation (CEC), the first international organization created to address issues related to trade and the environment. The CEC is also the first regional environmental agency in North America with innovative tools, almost unlimited jurisdiction, and unprecedented opportunities for participation by civil society at the international level.

The lessons to be drawn from the CEC’s experience should be of great value to all those interested in environmental protection and economic integration, regional and global environmental organizations, and participation of civil society in international policy. Surprisingly, however, the CEC has received little scholarly attention, to date. This book is intended to fill that gap by providing a comprehensive analysis of how the organization has fulfilled, or failed to fulfill, its mandates.

Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," is among the most well-cited law review articles of all time. With his distinction between experienced "repeat players" and inexperienced "one shotters" in the U.S. judicial system, Galanter established a clear and predictable model of how the structure of our legal system and one's frequency of interaction with it influence the outcomes of cases.

This book collects the original paper and ten contemporary articles about Galanter's theory in a single volume. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work. In Litigation provides a thorough presentation of the most durable theory explaining litigation and legal participation that sociolegal scholarship has produced.

Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," is among the most well-cited law review articles of all time. With his distinction between experienced "repeat players" and inexperienced "one shotters" in the U.S. judicial system, Galanter established a clear and predictable model of how the structure of our legal system and one's frequency of interaction with it influence the outcomes of cases.

This book collects the original paper and ten contemporary articles about Galanter's theory in a single volume. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work. In Litigation provides a thorough presentation of the most durable theory explaining litigation and legal participation that sociolegal scholarship has produced.

In this age of globalization, countries and corporations are under increasing pressure to adopt and follow international labor standards. This book provides the most thorough empirical assessment to date of the impact of international regulation on labor standards and conditions, and critically analyzes the common race-to-the-bottom view that globalization and international competition can only further degrade labor standards.

The authors examine current standards and regulations, along with recent proposals to compel developing countries to adopt labor standards. They also consider other mechanisms for advancing labor conditions, such as lowering barriers to migration, increasing foreign aid, and encouraging more rapid economic growth. In addition, the book presents a complete description and appraisal of current voluntary corporate codes of conduct, and concludes with a detailed evaluation of the change in labor conditions in Mexico since the adoption of more open trade policies in 1986.

This book takes a historical approach to examining Islam’s role in globalization. The author identifies complex historical and geopolitical trends in Islamic history, and constructs from these a clear assessment of contemporary Islam. Most important, the book examines historical trends from a perspective that contributes to an understanding of Islam in the aftermath of September 11.

The author takes us through a review of the first Islamic millennium and Islam’s role as a globalizing force, to subsequent changes in the Muslim world, through a comparison with earlier radical movements in Russia, and finally to trends in contemporary political Islam and projections for future developments. Along the way, the author points out many of the challenges Islamists have faced, some of their pitfalls, and some modernizing attributes of contemporary Islam.

This accessible, timely book should be of strong interest to anyone with a desire for greater understanding in this transformed global environment.

Models of Voting in Presidential Elections offers a comprehensive scholarly examination of the determinants of voter participation and vote choice at play in the 2000 presidential election. Unlike other books that focus exclusively on the drama and unusual circumstances of the 2000 election, this account examines larger issues surrounding the election and its outcome, asking why an election that traditional forecasting models predicted would provide a strong and clear victory for one side was ultimately so close.

Using a variety of models, the authors explore why the election was so close, what happened to the landslide that economic forecast models had predicted, and whether our traditional theories and approaches require reevaluation in light of the outcome.

This book analyzes a variety of matters fundamental to the 2000 election, including the influence of Bill Clinton, his dual legacy, and the economy. The authors detail changing voter coalitions and the influence of a gender gap. They also describe the role of divided government, how voter turnout affects election outcomes, the impact of minor-party candidates, and, more generally, the relative importance of partisanship, candidates, and issues.

Models of Voting in Presidential Elections offers a comprehensive scholarly examination of the determinants of voter participation and vote choice at play in the 2000 presidential election. Unlike other books that focus exclusively on the drama and unusual circumstances of the 2000 election, this account examines larger issues surrounding the election and its outcome, asking why an election that traditional forecasting models predicted would provide a strong and clear victory for one side was ultimately so close.

Using a variety of models, the authors explore why the election was so close, what happened to the landslide that economic forecast models had predicted, and whether our traditional theories and approaches require reevaluation in light of the outcome.

This book analyzes a variety of matters fundamental to the 2000 election, including the influence of Bill Clinton, his dual legacy, and the economy. The authors detail changing voter coalitions and the influence of a gender gap. They also describe the role of divided government, how voter turnout affects election outcomes, the impact of minor-party candidates, and, more generally, the relative importance of partisanship, candidates, and issues.

The United States is highly dependent on foreign oil. Well over half of the oil and petroleum products consumed in America—approximately 12 million barrels per day, or more than 600 gallons for every man, woman, and child each year—now come from abroad. And the U.S. government projects that the level of imports will only continue to rise, reaching between 16 and 21 million barrels per day by 2025.

What precisely are the costs of U.S. foreign oil dependence? Unfortunately, no one has yet offered a satisfactory answer to this vital question. As a result, the costs to the United States of its dependence on oil from abroad have gone largely unrecognized and, in fact, are much greater than most people realize. Some costs, like the annual bill for oil imports—and, by reflection, the price that motorists pay at the pump or the size of homeowners’ heating oil bills—are obvious and quantifiable. A number of others, however, are not so apparent or easy to measure. For example, it is difficult to put a price tag on the costs of coddling oil-rich authoritarian regimes at the expense of promoting representative government, human rights, and other important values.

This book seeks to remedy this oversight by providing the first comprehensive analysis of the costs—both economic and policy-related—of U.S. foreign oil dependence and how they might be reduced. It shows that since the 1970s, the economic costs alone have run into the trillions of dollars. Successive administrations have tended to neglect the opportunities at home to reduce these costs by limiting demand. Instead, they have emphasized foreign and military policies that have proven both highly expensive and largely unsuccessful.

One positive conclusion the author draws is that the opportunities for reducing oil consumption remain largely unexploited and the costs of U.S. foreign oil dependence can still be substantially reduced at relatively little expense. At least as important, however, will be rethinking and revising the expensive foreign, security, and military policies and commitments that have developed around U.S. foreign oil dependence over the past three decades.

Presidents spend millions of dollars on public opinion polling while in office. Critics often point to this polling as evidence that a “permanent campaign” has taken over the White House at the expense of traditional governance. But has presidential polling truly changed the shape of presidential leadership?

Diane J. Heith examines the polling practices of six presidential administrations—those of Nixon, Ford, Carter, Reagan, Bush, and Clinton—dissecting the poll apparatus of each period. She contends that while White House polls significantly influence presidential messages and responses to events, they do not impact presidential decisions to the extent that observers often claim. Heith concludes that polling, and thus the campaign environment, exists in tandem with long-established governing strategies.

Presidents spend millions of dollars on public opinion polling while in office. Critics often point to this polling as evidence that a “permanent campaign” has taken over the White House at the expense of traditional governance. But has presidential polling truly changed the shape of presidential leadership?

Diane J. Heith examines the polling practices of six presidential administrations—those of Nixon, Ford, Carter, Reagan, Bush, and Clinton—dissecting the poll apparatus of each period. She contends that while White House polls significantly influence presidential messages and responses to events, they do not impact presidential decisions to the extent that observers often claim. Heith concludes that polling, and thus the campaign environment, exists in tandem with long-established governing strategies.

This book explores the aspirational principles and actual practices concerning lawyers’ pro bono service. It begins from the premise that both the profession and the public have much to gain from reducing the gap between ideals and institutions. To that end, the book provides the first broad-scale study of the factors that influence American lawyers’ pro bono work, including an original empirical survey of over 3,000 lawyers. Attention is focused on the workplace factors and law school experiences that encourage charitable public interest activities. The book also includes the first comparative study of public service by looking at volunteer work by other professionals and by lawyers in other countries.

Part I of the book explores the literature on altruistic commitments among the public in general, and lawyers in particular. Part II traces the evolution of attorneys’ pro bono responsibilities. Part III presents findings of the empirical survey. Part IV draws on these findings, together with prior research, to propose strategies for increasing and improving lawyers’ pro bono activity.

During the past fifteen years, changes in technology have generated an extraordinary array of new ways in which music and movies can be produced and distributed. Both the creators and the consumers of entertainment products stand to benefit enormously from the new systems. Sadly, we have failed thus far to avail ourselves of these opportunities. Instead, much energy has been devoted to interpreting or changing legal rules in hopes of defending older business models against the threats posed by the new technologies. These efforts to plug the multiplying holes in the legal dikes are failing and the entertainment industry has fallen into crisis. This provocative book chronicles how we got into this mess and presents three alternative proposals—each involving a combination of legal reforms and new business models—for how we could get out of it.

During the past fifteen years, changes in technology have generated an extraordinary array of new ways in which music and movies can be produced and distributed. Both the creators and the consumers of entertainment products stand to benefit enormously from the new systems. Sadly, we have failed thus far to avail ourselves of these opportunities. Instead, much energy has been devoted to interpreting or changing legal rules in hopes of defending older business models against the threats posed by the new technologies. These efforts to plug the multiplying holes in the legal dikes are failing and the entertainment industry has fallen into crisis. This provocative book chronicles how we got into this mess and presents three alternative proposals—each involving a combination of legal reforms and new business models—for how we could get out of it.

In the 1960s and 1970s, Congress enacted a vast body of legislation to protect the environment and individual health and safety. Collectively, this legislation is known as “risk regulation” because it addresses the risk of harm that technology creates for individuals and the environment. In the last two decades, this legislation has come under increasing attack by critics who employ utilitarian philosophy and cost-benefit analysis. The defenders of this body of risk regulation, by contrast, have lacked a similar unifying theory.

In this book, the authors propose that the American tradition of philosophical pragmatism fills this vacuum. They argue that pragmatism offers a better method for conceiving of and implementing risk regulation than the economic paradigm favored by its critics. While pragmatism offers a methodology in support of risk regulation as it was originally conceived, it also offers a perspective from which this legislation can be held up to critical appraisal. The authors employ pragmatism to support risk regulation, but pragmatism also leads them to agree with some of the criticisms against it, and even to level new criticisms of their own.

In the end, the authors reject the picture—painted by risk regulation’s critics—of widely excessive and irrational regulation, but the pragmatic perspective also leads them to propose a number of recommendations for useful reforms to risk regulation.

In the 1960s and 1970s, Congress enacted a vast body of legislation to protect the environment and individual health and safety. Collectively, this legislation is known as “risk regulation” because it addresses the risk of harm that technology creates for individuals and the environment. In the last two decades, this legislation has come under increasing attack by critics who employ utilitarian philosophy and cost-benefit analysis. The defenders of this body of risk regulation, by contrast, have lacked a similar unifying theory.

In this book, the authors propose that the American tradition of philosophical pragmatism fills this vacuum. They argue that pragmatism offers a better method for conceiving of and implementing risk regulation than the economic paradigm favored by its critics. While pragmatism offers a methodology in support of risk regulation as it was originally conceived, it also offers a perspective from which this legislation can be held up to critical appraisal. The authors employ pragmatism to support risk regulation, but pragmatism also leads them to agree with some of the criticisms against it, and even to level new criticisms of their own.

In the end, the authors reject the picture—painted by risk regulation’s critics—of widely excessive and irrational regulation, but the pragmatic perspective also leads them to propose a number of recommendations for useful reforms to risk regulation.

Risks, Reputations, and Rewards looks at a variety of interrelated questions about contingency fee legal practice: What is the nature of the contingency fees that lawyers charge? How do lawyers get and screen potential cases? How do contingency fee lawyers interact with their clients and opponents? What is involved in settling these cases? What types of returns do contingency fee cases produce? And what role does reputation play in contingency fee practice? The author argues that to be successful, contingency fee lawyers must generate a portfolio of cases, similar to an investment portfolio with its associated risk. This has a significant impact on how contingency fee lawyers obtain and select cases, manage their work, and deal with the pressures that arise in settling cases. More important, understanding the work of contingency fee lawyers in terms of an ongoing practice rather than in terms of individual cases mitigates some of the significant conflicts that may exist between lawyers and clients.

Saving Democracy presents a bold yet practical plan for reinventing American democracy for the twenty-first century. The book diagnoses contemporary political ills as symptoms of corruption in our large republic and develops a new understanding of representative democracy. Building on the ideas of James Madison and Thomas Jefferson, Saving Democracy shows how it is possible to combine the traditional town hall and the Internet to fashion a new theory of representative government that empowers citizens and bridges the enormous gap that now exists between the political elite and the average voter.

Under the author's plan, in each of the nation's 435 congressional districts a local assembly of 100 citizens, selected by lot, would meet to discuss the major domestic and international issues. The role of this assembly would be deliberative and advisory and its views would constitute a second, more sophisticated and informed measure of public opinion than traditional public opinion polls. The next step would be the establishment of the People's House, which would hold actual legislative power.

Saving Democracy presents a bold yet practical plan for reinventing American democracy for the twenty-first century. The book diagnoses contemporary political ills as symptoms of corruption in our large republic and develops a new understanding of representative democracy. Building on the ideas of James Madison and Thomas Jefferson, Saving Democracy shows how it is possible to combine the traditional town hall and the Internet to fashion a new theory of representative government that empowers citizens and bridges the enormous gap that now exists between the political elite and the average voter.

Under the author's plan, in each of the nation's 435 congressional districts a local assembly of 100 citizens, selected by lot, would meet to discuss the major domestic and international issues. The role of this assembly would be deliberative and advisory and its views would constitute a second, more sophisticated and informed measure of public opinion than traditional public opinion polls. The next step would be the establishment of the People's House, which would hold actual legislative power.

Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciary’s advantage of being able to do justice in an individual case, and the executive’s homogeneity and flexibility, which best suits it to decisions of an ad hoc nature.

Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision.

Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciary’s advantage of being able to do justice in an individual case, and the executive’s homogeneity and flexibility, which best suits it to decisions of an ad hoc nature.

Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision.

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.

"You have the right to remain silent." These words, drawn from the Supreme Court's famous decision in Miranda v. Arizona, have had a tremendous impact on the public imagination. But what a strange right this is. Of all the activities that are especially worthy of protection, that define us as human beings, foster human potential, and symbolize human ambition, why privilege silence?

This thoughtful and iconoclastic book argues that silence can be an expression of freedom. A defiant silence demonstrates determination, courage, and will. Martyrs from a variety of faith traditions have given up their lives rather than renounce their god. During the Vietnam era, thousands of anonymous draft resisters refused to take the military oath that was a prelude to participating in what they believed was an immoral war. These silences speak to us. They are a manifestation of connection, commitment, and meaning.

This link between silence and freedom is apparent in a variety of different contexts, which Seidman examines individually, including silence and apology, silence and self-incrimination, silence and interrogation, silence and torture, and silence and death. In discussing the problem of apology, for example, the author argues that although apology plays a crucial role in maintaining the illusion of human connection, the right to not apologize is equally crucial. Similarly, prohibition against torture—so prominent in national debate since the events of Guantanamo and Abu Ghraib—is best understood as a right to silence, essential in preserving the distinction between mind and body on which human freedom depends.

Lawyers in the United States are frequently described as "hired guns," willing to fight for any client and advance any interest. Claiming that their own beliefs are irrelevant to their work, they view lawyering as a technical activity, not a moral or political one.

But there are others, those the authors call cause lawyers, who refuse to put aside their own convictions while they do their legal work. This "deviant" strain of lawyering is as significant as it is controversial, both in the legal profession and in the world of politics. It challenges mainstream ideas of what lawyers should do and of how they should behave.

Human rights lawyers, feminist lawyers, right-to-life lawyers, civil rights and civil liberties lawyers, anti-death penalty lawyers, environmental lawyers, property rights lawyers, anti-poverty lawyers—cause lawyers go by many names, serving many causes. Something to Believe In explores the work that cause lawyers do, the role of moral and political commitment in their practice, their relationships to the organized legal profession, and the contributions they make to democratic politics.

Taming the Electoral College explores poorly understood aspects of the electoral college, including two possibilities in particular that could pose the most serious danger for American democracy. These are, first, determination of the president by "faithless electors" who ignore the popular vote in their states, and, second, choice of the president in the House of Representatives, which is required if no electoral college majority votes in favor of a single candidate. In any given election, neither of these outcomes is likely, but the 2000 election showed that we would do well to take both of them seriously and take action now to prevent them from occurring. Both possibilities could be dealt with by constitutional amendment, but amendment is difficult to achieve, particularly as it bears on the electoral college process. This engaging book instead offers nonconstitutional solutions to the two possibilities, as well as to a variety of other problems that lurk in the shadows of the electoral college process. It also offers a way to work toward popular election of the president without a constitutional amendment.

Taming the Electoral College explores poorly understood aspects of the electoral college, including two possibilities in particular that could pose the most serious danger for American democracy. These are, first, determination of the president by "faithless electors" who ignore the popular vote in their states, and, second, choice of the president in the House of Representatives, which is required if no electoral college majority votes in favor of a single candidate. In any given election, neither of these outcomes is likely, but the 2000 election showed that we would do well to take both of them seriously and take action now to prevent them from occurring. Both possibilities could be dealt with by constitutional amendment, but amendment is difficult to achieve, particularly as it bears on the electoral college process. This engaging book instead offers nonconstitutional solutions to the two possibilities, as well as to a variety of other problems that lurk in the shadows of the electoral college process. It also offers a way to work toward popular election of the president without a constitutional amendment.

Since the mid-1950s, the international community has sought to ban all nuclear testing. In 1996, the Comprehensive Nuclear Test Ban Treaty emerged after three years of intense international negotiations. However, after nearly a decade, there is no sign that the treaty will ever enter into force.

Despite the general support for and adherence to a series of national moratoria on nuclear explosive testing, it is important to understand why the effort to achieve a permanent ban on nuclear testing has experienced such difficulties and continues to travel such a problematic road. The author of this book is neither a promoter nor a critic of the Comprehensive Nuclear Test Ban Treaty, but rather he provides a brief historical and analytical understanding of the events surrounding its negotiation and implementation. The author's analysis, based on his personal involvement in the CTBT negotiations, provides one insider’s view of how the critical events unfolded and how they are likely to affect future nonproliferation initiatives.

Why are women so dramatically underrepresented in formal leadership positions—and what can be done to improve the situation? This unique collection takes up these questions in the crucial practical concepts of law, politics, and business—the arenas in which women’s leadership has the most public influence. Bridging the worlds of theory and practice, the essays in this collection bring new insights to long-standing questions about the difference gender difference makes, both in access to leadership and in its exercise.

The contributors to this collection represent some of the nation’s most distinguished women leaders and most respected scholars on women and leadership, and reflect a distinctive array of perspectives and backgrounds. Among others, they include former Congresswoman Patricia Schroeder; former NOW president Patricia Ireland; the Right Honorable Kim Campbell, former prime minister of Canada; and Judith Resnik, the Arthur Liman Professor of Law, Yale Law School. Written in accessible, lively prose, and informed by a wealth of scholarship and personal experience, this collection should appeal to a broad audience.

The Sovereignty Revolution is the late Senator Alan Cranston's analysis of the problems created by our current conception of sovereignty, "with every nation supreme inside its own borders and acknowledging no master outside them." As such, it is the last testament of a senior statesman with a deep moral commitment to nuclear disarmament.

This book is an impassioned argument that these conceptions of sovereignty, and in turn the role of international institutions, must change before humanity can effectively resolve the world's increasingly global challenges, from international terrorism and the proliferation of nuclear weapons to climate change and poverty. Cranston argues that for humanity to survive the twenty-first century, we must adopt a more encompassing understanding of sovereignty, one that acknowledges the primacy of the individual, while emphasizing the importance of strengthening international law and increasing the authority of multilateral institutions, such as the United Nations. The book includes a foreword by Mikhail Gorbachev, an Introduction by Jonathan Schell, and response essays by Jane Goodall and Jonathan Granoff.

Welfare experiments conducted at the state level during the 1990s radically restructured the American welfare state and have played a critical—and unexpected—role in the broader policymaking process. Through these experiments, previously unpopular reform ideas, such as welfare time limits, gained wide and enthusiastic support. Ultimately, the institutional legacy of the old welfare system was broken, new ideas took hold, and the welfare experiments generated a new institutional channel in policymaking.

In this book, Rogers-Dillon argues that these welfare experiments were not simply scientific experiments, as their supporters frequently contend, but a powerful political tool that created a framework within which few could argue successfully against the welfare policy changes. Legislation proposed in 2002 formalized this channel of policymaking, permitting the executive, as opposed to legislative, branches of federal and state governments to renegotiate social policies—an unprecedented change in American policymaking. This book provides unique insight into how social policy is made in the United States, and how that process is changing.

The study of cause lawyering has grown dramatically and is now an important field of research in socio-legal studies and in research on the legal profession. The Worlds Cause Lawyers Make: Structure and Agency in Legal Practice adds to that growing body of research by examining the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions.

The book describes the constraints to cause lawyering and the particulars that shape what cause lawyers do and what cause lawyering can be, while also focusing on the dynamic interactions of cause lawyers and the legal, professional, and political contexts in which they operate. It presents a constructivist view of cause lawyering, analyzing what cause lawyers do in their day-to-day work, how they do it, and what difference their work makes. Taken together, the essays collected in this volume show how cause lawyers construct their legal and professional contexts and also how those contexts constrain their professional lives.

The study of cause lawyering has grown dramatically and is now an important field of research in socio-legal studies and in research on the legal profession. The Worlds Cause Lawyers Make: Structure and Agency in Legal Practice adds to that growing body of research by examining the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions.

The book describes the constraints to cause lawyering and the particulars that shape what cause lawyers do and what cause lawyering can be, while also focusing on the dynamic interactions of cause lawyers and the legal, professional, and political contexts in which they operate. It presents a constructivist view of cause lawyering, analyzing what cause lawyers do in their day-to-day work, how they do it, and what difference their work makes. Taken together, the essays collected in this volume show how cause lawyers construct their legal and professional contexts and also how those contexts constrain their professional lives.