Especially in the realm of free speech, the Court must own up to its political function, Martin Shapiro argues in a way that seems to anticipate the current vogue of judicial "modesty." He takes head-on the supposed modesty and deference of Frankfurter, Hand, and others, and supports the legacy of "clear and present danger" inherited from Holmes and Brandeis. The book is thus timeless in its insight as to the true position of the Court in the legal landscape.
In FREEDOM OF SPEECH: THE SUPREME COURT AND JUDICIAL REVIEW, Shapiro offers a provocative challenge to those who uphold the judicially “modest” interpretation of the role of the Supreme Court and who would keep the Court inviolate from the political process. Each branch of the government, he says, represents specific clienteles and defends specific interests and beliefs. Shapiro argues that one of the Supreme Court’s unique functions is to defend those interests which can find no defenders elsewhere; those speakers whose methods we may not be able to countenance, whose ideologies we may deplore, whose objectives we may fear.
Part of the Classics of Law & Society Series from Quid Pro Books.
Faith in regulated markets and the burden of rising welfare costs are concerns found on both sides of the Atlantic. Western democracies also share political climates colored by economic austerity; low trust in government, pressures from interest groups, and a sharply divided electorate. Because of differing political processes and differing policy starting points, a variety of disparate policy decisions have resulted.
Real world policymaking in the areas of welfare, health, labor, immigration reform, disability rights, consumer and environmental regulation, administrative reforms, and corporate governance are compared. Ultimately, the last decade is best characterized as one of "drift," sluggish changes with little real innovation and much default to the private sector. In general, policymakers on both sides of the ocean, constrained by economic necessity, have been unable to produce policy outcomes that satisfy the key segments of the electorate.
The contributors examine the United States, Great Britain, France, and Germany, as well as a number of other European countries, and study the European Union itself as a policymaking institution. Transatlantic Policymaking in an Age of Austerity distills the prominent issues, politics, and roles played by governmental institutions into a new understanding of the dynamics of policymaking in and among transatlantic nations.
In Seeking the Center, twenty-one contributors analyze policy outcomes in light of the frequent alternation in power among evenly divided parties. They show how the triumph of policy moderation and the defeat of more ambitious efforts, such as health care reform, can be explained by mutually supporting economic, intellectual, and political forces. Demonstrating that the determinants of public policy become clear by probing specific issues, rather than in abstract theorizing, they restore the politics of policymaking to the forefront of the political science agenda.
A successor to Martin A. Levin and Marc K. Landy’s influential The New Politics of Public Policy (Johns Hopkins University Press, 1995), this book will be vital reading for advanced undergraduate and graduate students in political science and public policy, as well as a resource for scholars in both fields.