Adversarial Legalism

Author: Robert A. KAGAN
Publisher: Harvard University Press
ISBN: 9780674039278
Size: 52.75 MB
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Kagan notes that while adversarial legalism has many virtues, its costs and unpredictability often alienate citizens from the law and frustrate the quest for justice.

Encyclopedia Of Governance

Author: Mark Bevir
Publisher: SAGE
ISBN: 1412905796
Size: 75.85 MB
Format: PDF, ePub, Mobi
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In economic structure, the result has been a preference for private provision of
many basic services and for open, competitive markets—which has fostered
private litigation and legalistic regulation, rather than hierarchical control, to
counter ... Kagan, R. A. (2001). Adversarial legalism and American government:
The American way of law. Cambridge, MA: Harvard University Press. Kagan,
R. A. (2003). On surveying the whole legal forest. Law & Social Inquiry, 28, 833.
Kelemen, R. D. ...

Institutions Public Law

Author: Tom Ginsburg
Publisher: Peter Lang
ISBN: 9780820474779
Size: 35.49 MB
Format: PDF
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This volume is essential reading for undergraduate and graduate courses in judicial politics.


Author: Fernanda Pirie
Publisher: OUP Oxford
ISBN: 0191025933
Size: 40.49 MB
Format: PDF, ePub, Mobi
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Budapest: Central European University Press. Kant, Immanuel, [1797] 1996. The
Metaphysics of Morals, trans. and ed. Mary Gregor. Cambridge: Cambridge
University Press. Kantor, Georgy, 2012. 'Ideas of Law in Hellenistic and Roman
Legal Practice', in P. Dresch and H. Skoda (eds.), Legalism: Anthropology and
History. Oxford: Oxford University Press, 55–83. Kagan, Robert, 2001.
Adversarial Legalism: The American Way of Law. Cambridge: Harvard University
Press. Kaplanian ...

Up In Smoke

Author: Martha A. Derthick
Publisher: SAGE
ISBN: 1483304647
Size: 72.33 MB
Format: PDF, Mobi
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It is distinctive and important that the key initiators of the litigation were public
officials—the attorneys general of state governments. This gave them a critical
advantage in relation to their opponents, the private corporations that
manufacture cigarettes. State attorneys general are frequent litigators on a wide
variety of subjects; as such, they merit study in their own right. Nonetheless, they
neither invented the practice of adversarial legalism nor do they monopolize it.15
11. 12. 13. 14. 15.

Political Order And Political Decay

Author: Francis Fukuyama
Publisher: Farrar, Straus and Giroux
ISBN: 1429944323
Size: 46.33 MB
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“The Ungreat Washed: Why Democracy Must Remain America's Goal Abroad.”
New Republic (July 7 and 14):27–37. Kagan, Robert A. 1997. “Should Europe
Worry About Adversarial Legalism?” Oxford Journal of Legal Studies 17(2):165–
83. ______ . 2001. Adversarial Legalism: The American Way of Law. Cambridge,
MA: Harvard University Press. Kaiser Family Foundation. 2012. Health Care
Costs: A Primer. Key Information on Health Care Costs and Their Impact. Menlo
Park, CA: ...

Risk Regulation And Administrative Constitutionalism

Author: Elizabeth Fisher
Publisher: Bloomsbury Publishing
ISBN: 1847313728
Size: 26.26 MB
Format: PDF, ePub, Docs
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In both cases, these struggles highlight not only how understandings of public
administration, law, and technological risk are coproduced in the US, but also the
particularly important role that law plays in that process of co-production due to
adversarial legalism.2 A consequence of this has been legal concepts have often
dominated debates about administrative constitutionalism in the US. This chapter
is structured as follows. In the first section, I give an overview of the concept of ...


Author: R. Daniel Kelemen
Publisher: Harvard University Press
ISBN: 0674046943
Size: 14.24 MB
Format: PDF, Docs
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As a result, transfers, or “transplants,” of legal norms and practices from one
country to another may not produce intended effects, as the plants wither or
mutate in foreign climes. Robert Kagan (2006) invokes the same imagery,
explaining that “certain features of the American way of law are too exotic to be
transplanted successfully into European legal soil” (p. 4). Adversarial legalism, in
this account, cannot take root in Europe because the “climactic” conditions
necessary for it to thrive ...