How Policy Shapes Politics: Rights, Courts, Litigation, and the Struggle Over Injury Compensation

Hardcover | January 16, 2015

byJeb Barnes, Thomas F. Burke

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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, JebBarnes 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 afractious, 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 ofconflict 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, theincreasingly prominent role of courts, litigation, and legal rights in politics.

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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, JebBarnes and Thomas F. Burke find that the turn to ...

Jeb Barnes is Associate Professor of Political Science at the University of Southern California. A former litigator and research fellow with the Robert Wood Johnson Scholars in Health Policy Program, he is the author of Overruled? Legislative Overrides, Pluralism and Contemporary Court-Congress Relations and Dust-Up: Asbestos Litigati...

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Format:HardcoverDimensions:272 pages, 9.21 × 6.42 × 0.98 inPublished:January 16, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199756112

ISBN - 13:9780199756117

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Table of Contents

List of FiguresList of TablesAcknowledgements1. Introduction2. Congressional Hearings and the Politics of Adversarial and Bureaucratic Legalism3. Social Security Disability Insurance: The Politics of Bureaucratic Legalism4. Asbestos Injury Compensation: The Politics of Adversarial Legalism and Layered Policies5. Vaccine Injury Compensation: The Politics of Shifting Policies6. ConclusionAppendix I: Hearing DataAppendix II: Model of Hearing ParticipationAppendix III: Content Analysis of Interest Group Positions on the FAIR Act in the MediaWorks CitedCases Cited

Editorial Reviews

"I know of no book that does a better job explaining how 'adversarial legalism' shapes public policy. Using well-crafted case studies and carefully designed quantitative analysis, Barnes and Burke help us understand the different patterns of politics created by bureaucratic legalism andadversarial legalism. The clarity and depth of their case studies make this a great book for both undergraduate courses and graduate seminars." --R. Shep Melnick, Thomas P. O'Neill Professor of American Politics, Boston College