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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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How Policy Shapes Politics: Rights, Courts, Litigation, and the Struggle Over Injury Compensation

ISBN13: 9780199756117
Published: January 2015
Publisher: Oxford University Press
Country of Publication: USA
Format: Hardback
Price: £27.49

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The 'global rise of judicial power' has been called one of the most significant developments in late twentieth and early twenty-first century politics.

In this book, Jeb Barnes and Thomas F. Burke examine the political consequences of the growing reliance on courts and litigation in public policy by analyzing the field of injury compensation, in which judicialized and bureaucratized programs operate side-by-side. Their study mixes quantitative data on a wide range of injury compensation policies with three in-depth case historical studies in which they trace political struggles over Social Security Disability Insurance, asbestos injury litigation, and the obscure but fascinating controversy over injuries purportedly caused by vaccines.

They conclude that while social insurance programs that compensate for injury tend to bring social interests together, the use of litigation divides interests between victims and villains, winners and losers and so creates a comparatively fractious, chaotic politics.

Other Jurisdictions , USA
List of Figures
List of Tables
Chapter 1. Introduction
Chapter 2. Congressional Hearings and the Politics of Adversarial and Bureaucratic Legalism
Chapter 3. Social Security Disability Insurance: The Politics of Bureaucratic Legalism
Chapter 4. Asbestos Injury Compensation: The Politics of Adversarial Legalism and Layered Policies
Chapter 5. Vaccine Injury Compensation: The Politics of Shifting Policies
Chapter 6. Conclusion
Appendix I: Hearing Data
Appendix II: Model of Hearing Participation
Appendix III: Content Analysis of Interest Group Positions on the FAIR Act in the Media
Works Cited
Cases Cited