Varieties of Legal Order

The Politics of Adversarial and Bureaucratic Legalism

Edited by Jeb Barnes, Thomas F. Burke

© 2018 – Routledge

236 pages | 1 B/W Illus.

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Paperback: 9781138090477
pub: 2017-09-15
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Hardback: 9780415633383
pub: 2017-09-15
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About the Book

Across the globe law in all its variety is becoming more central to politics, public policy and everyday life. Top sociolegal scholars use Kagan's concepts and methods to examine the politics of litigation and regulation around the world.

Table of Contents

List of contributors


Chapter 1. Introduction—What We Talk About When We Talk About Law

Thomas F. Burke & Jeb Barnes

Chapter 2. Adversarial Legalism, Civil Rights, and the Exceptional American State

R. Shep Melnick

Chapter 3. Seeing Through the Smoke: Adversarial Legalism and U.S. Tobacco Politics Michael McCann & William Haltom

Chapter 4. Kagan’s Atlantic Crossing: Adversarial Legalism, Eurolegalism and Cooperative Legalism in European Regulatory Style

Francesca Bignami & R. Daniel Keleman

Chapter 5. Coping With Auto Accidents in Russia

Kathryn Hendley

Chapter 6. Overcoming the Disconnect: Internal Regulation and the Mining Industry

Neil Gunningham

Chapter 7. Devolving Standards: California’s Structural Failures in Response to Prisoner Litigation

Malcolm M. Feeley & Van Swearingen

Chapter 8. Style Matters: On Pattern Analysis in the Study of Regulation

Cary Coglianese

Chapter 9. The Politics of Legalism

Thomas F. Burke & Jeb Barnes

About the Editors

Jeb Barnes is Associate Professor of Political Science at the University of Southern California and a former Robert Wood Johnson Scholar in Health Policy Research. He is the author of five books and numerous peer-reviewed articles on the intersection of law, politics and public policy and mixed-methods research strategies, most recently How Policy Shapes Politics (2015), co-authored with Thomas F. Burke, and Finding Pathways: Mixed-Method Research for Studying Causal Mechanisms (2014) with Nicholas Weller.

Thomas F. Burke is Professor of Political Science at Wellesley College. His research focuses on the place of rights and litigation in public policy, and the ways in which organizations respond to rights laws. His most recent books are How Policy Shapes Politics (2015), co-authored with Jeb Barnes, and the 9th edition of Reason in Law (2016) co-authored with Lief Carter. In a stroke of extraordinary good luck, his Ph.d. dissertation, Litigation and its Discontents, was supervised by Bob Kagan. It won the 1996 Edwin S. Corwin Award for best dissertation in public law.

About the Series

Law, Courts and Politics

In Democracy in America, Alexis de Tocqueville famously noted that "scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." The importance of courts in settling political questions in areas ranging from health care to immigration shows the continuing astuteness of de Tocqueville’s observation. To understand how courts resolve these important questions, empirical analyses of law, courts and judges, and the politics and policy influence of law and courts have never been more salient or more essential.

Law, Courts and Politics was developed to analyze these critically important questions. This series presents empirically driven manuscripts in the broad field of judicial politics and public law by scholars in law and social science. It uses the most up to date scholarship and seeks an audience of  students, academics, upper division undergraduate and graduate courses in law, political science and sociology as well as anyone interested in learning more about law, courts and politics.

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Subject Categories

BISAC Subject Codes/Headings:
POLITICAL SCIENCE / Public Affairs & Administration
POLITICAL SCIENCE / Public Policy / General
POLITICAL SCIENCE / Government / Judicial Branch