Legislative Deferrals And Judicial Policy Making In American Labor Law

Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.

The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Gold Metal Waters presents a uniquely inter- and transdisciplinary examination into the August 2015 Gold King Mine spill in Silverton, Colorado, when more than three million gallons of subterranean mine water, carrying 880,000 pounds of heavy metals, spilled into a tributary of the Animas River. The book illuminates the ongoing ecological, economic, political, social, and cultural significance of a regional event with far-reaching implications, showing how this natural and technical disaster has affected and continues to affect local and national communities, including Native American reservations, as well as agriculture and wildlife in the region. This singular event is surveyed and interpreted from multiple diverse perspectives—college professors, students, and scientists and activists from a range of academic and epistemological backgrounds—with each chapter reflecting unique professional and personal experiences. Contributors examine both the context for this event and responses to it, embedding this discussion within the broader context of the tens of thousands of mines leaking pollutants into waterways and soils throughout Colorado and the failure to adequately mitigate the larger ongoing crisis. The Gold King Mine spill was the catalyst that finally brought Superfund listing to the Silverton area; it was a truly sensational event in many respects. Gold Metal Waters will be of interest to students and scholars in all disciplines, but especially in environmental history, western history, mining history, politics, and communication, as well as general readers concerned with human relationships with the environment. Contributors: Alane Brown, Brian L. Burke, Karletta Chief, Steven Chischilly, Becky Clausen, Michael A. Dichio, Betty Carter Dorr, Cynthia Dott, Gary Gianniny, David Gonzales, Andrew Gulliford, Lisa Marie Jacobs, Ashley Merchant, Teresa Montoya, Scott W. Roberts, Lorraine L. Taylor, Jack Turner, Keith D. Winchester, Megan C. Wrona, Janene Yazzie

The issue of political participation has been central to American politics since the founding of the United States. The Politics of Democratic Inclusion addresses the ways traditionally underrepresented groups have and have not achieved political incorporation, representation, and influence—or "democratic inclusion"—in American politics. Each chapter provides a "state of the discipline" essay that addresses the politics of diversity from a range of perspectives and in a variety of institutional arenas. Taken together, the essays in The Politics of Democratic Inclusion evaluate and advance our understanding of the ways in which the structure, processes, rules, and context of the American political order encourage, mediate, and hamper the representation and incorporation of traditionally disadvantaged groups.