As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.

In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.

This edited volume focuses on the links between the ongoing crisis in and around Ukraine, regional diversity, and the reform of decentralization. It provides in-depth insights into the historical constitution of regional diversity and the evolution of center-periphery relationships in Ukraine, the legal qualification of the conflict in Eastern Ukraine, and the role of the decentralization reform in promoting conflict resolution, as well as modernization, democratization and European integration of Ukraine. Particular emphasis lies on the securitization of both regional diversity issues and territorial self-government arrangements in terms of Russia’s support for self-proclaimed Donetsk and Luhansk People’s Republics. The volume captures the complexity of contemporary “hybrid” conflicts, involving both internal and external aspects, and the hybridization and securitization of territorial self-governance solutions. It thus provides an important contribution to the debate on territorial self-government and conflict resolution.

Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

The steady accretion of public policies over the decades has fundamentally changed how America is governed. The formulation and delivery of policy have emerged as the government’s entire raison d’être, redefining rights and reconfiguring institutional structures. The Policy State looks closely at this massive unnoticed fact of modern politics and addresses the controversies swirling around it. Government has become more responsive and inclusive, but the shift has also polarized politics and sowed a deep distrust of institutions. These developments demand a thorough reconsideration of historical governance. “A sterling example of political science at its best: analytically rigorous, historically informed, and targeted at questions of undeniable contemporary significance... Orren and Skowronek uncover a transformation that revolutionized American politics and now threatens to tear it apart.” —Timothy Shenk, New Republic “Wherever you start out in our politics, this book will turn your sense of things sideways and make you rethink deeply held assumptions. It’s a model of what political science could be, but so rarely is.” —Yuval Levin, National Review “A gripping narrative...opening up new avenues for reflection along methodological, conceptual, and normative lines.” —Bernardo Zacka, Contemporary Political Theory

This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.