Law and Public Policy
Law and Public Policy

Author: Kevin J. Fandl

Publisher: Routledge

Published: 2018-09-03

Total Pages: 501

ISBN-13: 1351243071

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Laws exist to incentivize us to act in a certain manner, in accordance with the policies that our community has deemed right for us. And when we disagree with those laws, we must re-examine our policies, and thus our beliefs and ideas, to decide whether our community has changed. This is a book about law and public policy—about the ideas and the rules we build to implement those rules. While similar books have looked at public policy and public administration in an effort to explain how the government works, and others have considered the foundations of the legal system to understand the rulemaking institutions, this book takes a different approach. In this ground-breaking new textbook, author Kevin Fandl develops a complete picture of society, from idea to action -- by examining laws through the lens of policy, and vice versa. This holistic approach gives readers a chance to see not only why certain rules exist, but how those rules evolved over time and the events that inspired them. It offers readers an opportunity not only to see but also to participate in the process of forming the structures that shape our society. This textbook is divided into two sections. The first section provides readers with the tools that they will need to digest the policies and laws that surround them. These tools include a historical deep dive into the foundations of the governance structure in the United States and beyond, an important examination of civics and a reminder of the importance of engaging in the policymaking process, a careful breakdown of the institutions that form the backbone of the law and policy-making institutions in the United States, and finally critical thinking including practical tools to find reliable sources for news, research, and other types of information. The second section of the text is comprised of subject-matter analyses. These subject-based chapters, written by experts on the topic at hand begin with a historical perspective, followed by a careful examination of the key policies and laws that inform that field. Each chapter highlights key vocabulary, provides practical vignettes to add context to the writing, explores a unique global component to compare perspectives from communities worldwide, and includes a number of discussion questions and recommended readings for further examination. This textbook is tailored specifically for undergraduate and graduate students of public policy, to introduce them to the role of law and legal institutions as facilitators and constraints on public policy, exploring those laws in a range of relevant policy contexts with the help of short case studies.

Transformative Law and Public Policy
Transformative Law and Public Policy

Author: Sony Pellissery

Publisher: Taylor & Francis

Published: 2019-10-28

Total Pages: 229

ISBN-13: 1000692086

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This book explores the convergence of law and public policy. Drawing on case studies from Asia, Europe, the Middle East and Australia, it examines how judicial and political institutions are closely linked to the socio-economic concerns of the citizens. The essays argue for the utilization of both legislative and executive, private and public spheres of society as vehicles for transformative social change and to safeguard against violations of socio-economic rights. The volume will be of great interest to both public and private stakeholders, as well as professionals, including NGOs and think tanks, working in the areas of law, government, and public policy. It will also be immensely useful to academics and researchers of constitutionalism, policymaking and policy integration, social justice and minority rights.

Public Policy and Private International Law
Public Policy and Private International Law

Author: Meyer, Olaf

Publisher: Edward Elgar Publishing

Published: 2022-09-06

Total Pages: 503

ISBN-13: 1789902665

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The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.

Law, Public Policies and Complex Systems: Networks in Action
Law, Public Policies and Complex Systems: Networks in Action

Author: Romain Boulet

Publisher: Springer

Published: 2019-05-07

Total Pages: 280

ISBN-13: 3030115062

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This book investigates how various scientific communities – e.g. legal scientists, political scientists, sociologists, mathematicians, and computer scientists – study law and public policies, which are portrayed here as complex systems. Today, research on law and public policies is rapidly developing at the international level, relying heavily on modeling that employs innovative methods for concrete implementation. Among the subject matter discussed, law as a network of evolving and interactive norms is now a prominent sphere of study. Similarly, public policies are now a topic in their own right, as policy can no longer be examined as a linear process; rather, its study should reflect the complexity of the networks of actors, norms and resources involved, as well as the uncertainty or weak predictability of their direct or indirect impacts. The book is divided into three maain parts: complexity faced by jurists, complexity in action and public policies, and complexity and networks. The main themes examined concern codification, governance, climate change, normative networks, health, water management, use-related conflicts, legal regime conflicts, and the use of indicators.

Public Administration and Law
Public Administration and Law

Author: David H. Rosenbloom

Publisher: CRC Press

Published: 2010-06-23

Total Pages: 343

ISBN-13: 1439803994

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Since the first edition of Public Administration and Law was published in 1983, it has retained its unique status of being the only book in the field of public administration that analyzes how constitutional law regulates and informs the way administrators interact with each other and the public. Examining First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights as they pertain to these encounters, it explains how public administrators must do their jobs and how administrative systems must operate in order to comply with constitutional law. Explores the conflicts between laws The book begins by presenting a historical account of the way constitutional and administrative law have incrementally "retrofitted" public agencies into the nation’s constitutional design. It examines the federal judiciary’s impact on federal administration and the effect of the nation’s myriad environmental laws on public administration. Next, it focuses on the role of the individual as a client and customer of public agencies. In a discussion of the Fourth Amendment, it examines street-level encounters between citizens and law enforcement agents. Responding to the rise of the new public management (NPM), it also adds, for the first time in this edition, a chapter that analyzes the rights of the individual not only as a government employee but also as a government contractor. Enhanced with numerous references The final chapters of the book address issues concerning the rights of inmates in administrative institutions and balancing the need to protect individual rights with the ability of agencies to function effectively. Supplemented with case citations and lists of articles, books, and documents, this text is designed to facilitate further study in a constantly evolving area. About the Authors: David H. Rosenbloom, Ph.D. is Distinguished Professor of Public Administration in the School of Public Affairs at American University in Washington, D.C., and Chair Professor of Public Management at City University of Hong Kong. Rosemary O’Leary, Ph.D., J.D. is Distinguished Professor of Public Administration and the Howard G. and S. Louise Phanstiel Chair in Strategic Management and Leadership at Syracuse University. Joshua M. Chanin, M.P.A., J.D. is a Ph.D. candidate in Public Administration and Justice, Law, and Society in the School of Public Affairs at American University in Washington, D.C.

Crime and Public Policy
Crime and Public Policy

Author: James Q. Wilson

Publisher: Oxford University Press, USA

Published: 2011

Total Pages: 657

ISBN-13: 0195399358

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Crime in the United States has fluctuated considerably over the past thirty years, as have the policy approaches to deal with it. During this time, criminologists and other scholars have helped to shed light on the roles of incarceration, prevention, drugs, guns, policing, and numerous other aspects to crime control. Yet the latest research is rarely heard in public discussions and is often missing from the desks of policymakers. This book summarizes the latest scientific information on the causes of crime and the evidence about what does and does not work to control it. As with previous editions, each essay reviews the existing literature, discusses the methodological rigor of the studies, identifies what policies and programs the studies suggest, and then points to policies now implemented that fail to reflect the evidence. The chapters cover the principle institutions of the criminal justice system (juvenile justice, police, prisons, probation and parole, sentencing), how broader aspects of social life inhibit or encourage crime (biology, schools, families, communities), and topics currently generating a great deal of attention (criminal activities of gangs, sex offenders, prisoner reentry, changing crime rates).

Making Policy, Making Law
Making Policy, Making Law

Author: Mark Carlton Miller

Publisher: Georgetown University Press

Published: 2004

Total Pages: 257

ISBN-13: 1589010256

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This volume proposes a new way of understanding the policymaking process in the United States by examining the complex interactions among the three branches of government, executive, legislative, and judicial. Collectively across the chapters a central theme emerges, that the U.S. Constitution has created a policymaking process characterized by ongoing interaction among competing institutions with overlapping responsibilities and different constituencies, one in which no branch plays a single static part. At different times and under various conditions, all governing institutions have a distinct role in making policy, as well as in enforcing and legitimizing it. This concept overthrows the classic theories of the separation of powers and of policymaking and implementation (specifically the principal-agent theory, in which Congress and the presidency are the principals who create laws, and the bureaucracy and the courts are the agents who implement the laws, if they are constitutional). The book opens by introducing the concept of adversarial legalism, which proposes that the American mindset of frequent legal challenges to legislation by political opponents and special interests creates a policymaking process different from and more complicated than other parliamentary democracies. The chapters then examine in depth the dynamics among the branches, primarily at the national level but also considering state and local policymaking. Originally conceived of as a textbook, because no book exists that looks at the interplay of all three branches, it should also have significant impact on scholarship about national lawmaking, national politics, and constitutional law. Intro., conclusion, and Dodd's review all give good summaries.

A Guide to Ethics and Public Policy
A Guide to Ethics and Public Policy

Author: D. Don Welch

Publisher: Routledge

Published: 2014-04-16

Total Pages: 169

ISBN-13: 1317746481

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Developed by D. Don Welch during his 28 years of teaching ethics and public policy, the rationale behind A Guide to Ethics and Public Policy is to present a comprehensive guide for making policy judgments. Rather than present specific cases that raise moral issues or discuss the role a few concepts play in the moral analysis of policy, this book instead provides a broad framework for the moral evaluation of public policies and policy proposals. This framework is organized around guiding five principles: benefit, effectiveness, fairness, fidelity, and legitimacy. These principles identify the factors that should be taken into account and the issues that should be addressed as citizens address the question of what the United States government should be able to do. Organized by concept, with illustrations and examples frequently interspersed, the book covers both theory and specific issues. A Guide to Ethics and Public Policy outlines a comprehensive ethical framework, provides content to the meaning of the five principles that comprise that framework through the use of illustrations and examples, and offers guidance about how to navigate one’s way through the conflicts and dilemmas that inevitably result from a serious effort to analyze policies.

The Politics of Law and Order
The Politics of Law and Order

Author: Stuart A. Scheingold

Publisher: Quid Pro Books

Published: 2011-01-13

Total Pages: 451

ISBN-13: 161027038X

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Foundational and renowned study of how politicians and others use crime rates -- and most of all the public perception of street crime, whether or not it is accurate -- for their own purposes. Dr. Scheingold also provides a theoretical and historical basis for his views. The follow-up to the landmark book The Politics of Rights, this text is both supported in research and accessible and interesting to readers everywhere. Features new 2010 Foreword by Berkeley law professor Malcolm Feeley. A work that is both "timely and timeless," writes Feeley, it "is important for what it says -- and how it says it -- about American crime and crime policy, as well as American political culture. It speaks truth to power today as much as it did when it was first published." As recently noted by Amherst College's Austin Sarat, Scheingold "was quite simply one of the world's leading commentators on law and politics."