Unrestrained: Judicial Excess and the Mind of the American Lawyer
Author: Robert Nagel
This volume attempts to explain why, despite almost four decades of conservative and moderate appointments, the Supreme Court continues to intervene aggressively in a wide array of social and political issues. The explanation lies primarily in the psychological effects of the way that lawyers think about law and judging. The instincts ingrained by the experiences common to legal education and the successful practice of law also work to encourage the reckless use of power.
Table of Contents:
1 A Ship that Will Not Turn 1
2 The Rise of Judicial Power 21
3 The Consequences of Excess 37
4 Thinking like a Lawyer 53
5 Realistic Legalism 65
6 High Principle and Self-Restraint 77
7 The Mantra of Legal Authority 89
8 Political Judgments 103
9 Training, Experience, and Instinct 121
App Cases Cited 135
References 137
Index 143
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Methods in Democratic Network Governance
Author: Peter Bogason
There are several competing theoretical approaches to studying governance networks. However, methodological questions about how to study democratic network governance have so far received little research attention. Methods in Democratic Network Governance aims to remedy this problem by addressing some important methodological questions in relation to a comparative case study of the multilevel network governance of employment policy in Britain, France and Denmark.
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