Law's Allure How Law Shapes, Constrains, Saves, and Kills Politics [Hardcover]

Law's Allure explains how, when, and why America's reliance on legal rules and judicial decisions shapes, constrains, saves, and sometimes even kills politics.In Laws Allure, Gordon Silverstein explains the risks and rewards of Americas increasing reliance on litigation, judicial decisions, and formal legal rules to achieve political and policy goals, drawing a map that helps explain how, when, and why law and judicial rulings shape, constrain, save, and sometimes even kill politics.In Laws Allure, Gordon Silverstein explains the risks and rewards of Americas increasing reliance on litigation, judicial decisions, and formal legal rules to achieve political and policy goals, drawing a map that helps explain how, when, and why law and judicial rulings shape, constrain, save, and sometimes even kill politics.Judicial and political power are inextricably linked in America, but by the time John Roberts and Samuel Alito joined the Supreme Court, that link seemed more important, more significant, and more pervasive than ever before. From war powers to abortion, from tobacco to integration, from the environment to campaign finance, Americans increasingly turn away from the political tools of negotiation, bargaining, and persuasion to embrace what they have come to believe is a more effective, more efficient, and even more just world of formal rules, automated procedures, litigation, and judicial decision-making. Using more than ten controversial policy case studies, Laws Allure: How Law Shapes, Constrains, Saves, and Kills Politics draws a roadmap to help politicians, litigators, judges, policy advocates, and those who study them understand the motives and incentives that encourage efforts to legalize, formalize, and judicialize the political process and American public policy, as well as the risks and rewards these choices can generateIntroduction: law's allure and American politics; Part I. Law's Allure: Why, and Why Now, and Why it Matters: 1. Law's allure: motivesl3"