Judicialization, juridification, legalization-whatever terms they use, scholars, commentators and citizens are fascinated by what one book has called "The Global Rise of Judicial Power" and seek to understand its implications for politics and society. In How Policy Shapes Politics, Jeb Barnes and Thomas F. Burke find that the turn to courts, litigation, and legal rights can have powerful political consequences. Barnes and Burke analyze the field of injury compensation in the United States, in which judicialized policies operate side-by-side with bureaucratized social insurance programs. They conclude that litigation, by dividing social interests into victims and villains, winners and losers, generates a fractious, chaotic politics in which even seeming allies-business and professional groups on one side, injured victims on the other-can become divided amongst themselves. By contrast, social insurance programs that compensate for injury bring social interests together, narrowing the scope of conflict and over time producing a more technocratic politics. Policy does, in fact, create politics. But only by comparing the political trajectories of different types of policies -- some more court-centered, others less so -- can we understand the consequences of arguably one of the most significant developments in post-World War II government, the increasingly prominent role of courts, litigation, and legal rights in politics.

How Policy Shapes Politics: Rights, Courts, Litigation, and the Struggle Over Injury Compensation (Studies in Postwar American Political Development)

Burke, Thomas F.

Barnes, Jeb E.

Administrative Law

Oxford University Press

Reason in Law: Ninth Edition

Over the nearly four decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.

Carter, Lief H.

University of Chicago Press

Over the years, Reason in Law has established itself as the leading textbook for courses in legal reasoning, a critical aspect of the rule of law. This eighth edition brings the book’s analyses and examples fully up to date, adding new cases while retaining old ones whose lessons remain potent. It takes full account of the dramatic changes--and challenges--to legal reasoning that emerged from the Bush administration’s attempts to fight terrorism and also explores recent conflicts over same-sex marriage, gun control, hate crimes, and climate change. The result is an indispensable introduction to an issue that lies at the heart of the workings of the law.

Reason in Law: Eighth Edition

Carter, Lief H. and Burke, Thomas F., Reason in Law, 6th Edition*\ This accessible and lively book examines the relationship between law and politics and emphasizes the political importance of sound legal reasoning. It teaches readers how to examine judicial decisions-how to become "thoughtful judges of judging." Using cases ripped from the headlines-such as Gore v. Bush, the Elian Gonzalez saga, and the ongoing Napster litigation-authors Carter and Burke teach through illustrative examples and have assembled a gallery of fascinating cases to engage the readers interest. For those interested in the American court system.

Reason in Law (6th Edition)

Legal Education

Longman

This lively and insightful book is a must-read for anyone interested in understanding why judges made the decisions they did in such current cases as the the Alabama federal courthouse "Ten Commandments" case, Ashcroft v. Oregon (Oregon's “right to die” law) and Lawrence v. Texas (constitutionality of sodomy laws). The book also examines recent legal controversies over internet music file-swapping and the targeting of “ordinary people” by record companies, internet pornography, the Pledge of Allegiance, and Victoria's Secret. What Legal Reasoning Is, and Why It Matters; Common Law; Interpreting The United States Constitution; Law and Politics; Introduction to Legal Procedure and Terminology; Bush v. Gore. Anyone who wants to know more about recent legal controversies and why judges make the decisions they do.

Reason in Law (7th Edition)

Law Practice

Reason in Law examines the intersection of law and politics: legal reasoning. It teaches students how to examine judicial decisions, encouraging them to become “thoughtful judges of judging.” Using cases ripped from the headlines—such as the Alabama federal courthouse “Ten Commandments” case, Ashcroft v. Oregon, and Lawrence v. Texas—authors Carter and Burke teach through illustrative examples and have assembled a gallery of fascinating cases to engage student interest. Ultimately, the text attempts to answer the question: “How can a pluralistic society be ruled legitimately?” If people of differing political allegiances can interpret the same legal text quite differently, how can the rule of law be properly applied?

Reason in Law Update: Longman Classics in Political Science

Criminal Law

Taylor&Francis

Lawsuits over coffee burns, playground injuries, even bad teaching: litigation "horror stories" create the impression that Americans are greedy, quarrelsome, and sue-happy. The truth, as this book makes clear, is quite different. What Thomas Burke describes in Lawyers, Lawsuits, and Legal Rights is a nation not of litigious citizens, but of litigious policies—laws that promote the use of litigation in resolving disputes and implementing public policies. This book is a cogent account of how such policies have come to shape public life and everyday practices in the United States. As litigious policies have proliferated, so have struggles to limit litigation—and these struggles offer insight into the nation's court-centered public policy style. Burke focuses on three cases: the effort to block the Americans with Disabilities Act; an attempt to reduce accident litigation by creating a no-fault auto insurance system in California; and the enactment of the Vaccine Injury Compensation Act. These cases suggest that litigious policies are deeply rooted in the American constitutional tradition. Burke shows how the diffuse, divided structure of American government, together with the anti-statist ethos of American political culture, creates incentives for political actors to use the courts to address their concerns. The first clear and comprehensive account of the national politics of litigation, his work provides a new way to understand and address the "litigiousness" of American society.

Lawyers, Lawsuits, and Legal Rights: The Battle over Litigation in American Society

University of California Press

Trivia Week by Week Art Through the Ages: A History of Art and Artist-1996 Calendar

Calendars

HUNT, Mary

Arts

Pomegranate Communications

Reconstruction virtures: an Advent course of sermons, proposing Christian remedies for present chao

History

BiblioLife

See the best price to sell, buy, or rent books by Burke, Thomas F.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Burke, Thomas F.