Law's Allure: How Law Shapes, Constrains, Saves, and Kills Politics
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...
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Law's Allure explains how, when, and why America's reliance on legal rules and judicial decisions shapes, constrains, saves, and sometimes even kills politics.
Introduction: law's allure and American politics; Part I. Law's Allure: Why, and Why Now, and Why it Matters: 1. Law's allure: motives, incentives, patterns, and process; 2. Why now? The expansion and acceleration of law's allure; 3. Why it matters: law is different - a theory of precedent; Part II. Law's Allure: Patterns, Process, and Cautionary Tales: 4. Poverty and abortion: the risks and rewards of a judicial strategy; 5. Environmental regulation: a constructive process; 6. Campaign finance: a de-constructive process; 7. When the court says yes - and no: the special prosecutor, budget control, and line item vetoes; 8. When the court is reluctant to intervene: war powers; Part III. Law's Allure: Costs and Consequences: 9. Tobacco: the promise and peril of law's allure; Conclusion: law's allure and American politics: for better - and worse.
