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Vol 23 No 5 May/June 2018

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Law and New Governance in the EU and the US

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Edited by: Grainne de Burca, Joanne Scott

ISBN13: 9781841135434
ISBN: 1841135437
Published: April 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £50.00

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New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies. In the US, scholarship on issues such as collaborative problem-solving, democratic experimentalism, and problem-solving courts exemplify the interest in similar developments.

This book covers diverse policy sectors and subjects, including the environment, education, anti-discrimination, food safety and many others. While some chapters concentrate on the operation of new governance mechanisms in a federal and multilevel context, others look at the relationship between public and private mechanisms and settings. What all the contributors share in common is the pursuit of effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law and constitutionalism, and of legal and constitutional values.

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Introduction: New Governance, Law and Constitutionalism
Gráinne de Búrca and Joanne Scott
1. EU Constitutionalism and New Governance
Neil Walker
2. Toyota Jurisprudence: Legal Theory and Rolling Rule Regimes
William H Simon
3. ‘Soft Law’, ‘Hard Law’, and EU Integration
David M Trubek, Patrick Cottrell and Mark Nance
4. EU Race Discrimination Law: A Hybrid Model?
Gráinne de Búrca
5. New EU Employment Governance and Constitutionalism
Claire Kilpatrick
6. Solidarity and New Governance in Social Policy
Catherine Barnard
7. The European Union and the Governance of Health Care
Tamara K Hervey
8. Law and New Environmental Governance in the European Union
Joanne Scott and Jane Holder
9. New Governance Practices in US Health Care
Louise G Trubek
10. Governing Occupational Safety in the United States
Orly Lobel
11. Information-forcing Regulation and Environmental Governance
Bradley C Karkkainen
12. Gender Equity Regimes and the Architecture of Learning
Susan Sturm
13. EU Constitutionalism and the ‘American Experience’
Paul Magnette and Justine Lacroix
14. Governance and American Political Development
Mark Tushnet
Epilogue: Accountability Without Sovereignity
Charles F Sabel and William H Simon

Series: Essays in European Law

50 Years of the European Treaties: Looking Back and Thinking Forward ISBN 9781841138329
Published February 2009
Hart Publishing
50 Years of the European Treaties: Looking Back and Thinking Forward (eBook) ISBN 9781847317223
Published February 2009
Hart Publishing
£40.50 + £8.10 VAT
EU Foreign Relations Law: Constitutional Fundamentals ISBN 9781841137575
Published July 2008
Hart Publishing
Sovereignty in Transition: Essays in European Law (eBook)
Edited by: Neil Walker
ISBN 9781847316967
Published October 2006
Hart Publishing
£34.99 + £7.00 VAT
Sovereignty in Transition: Essays in European Law
Edited by: Neil Walker
ISBN 9781841135649
Published October 2006
Hart Publishing
Social Wefare and EU Law ISBN 9781841134901
Published July 2005
Hart Publishing
Disability Rights in Europe: From Theory to Practice ISBN 9781841134864
Published May 2005
Hart Publishing
Law and Governance in an Enlarged European Union ISBN 9781841134260
Published November 2004
Hart Publishing
EU Enlargement: A Legal Approach ISBN 9781841133768
Published July 2004
Hart Publishing
The EU Charter of Fundamental Rights ISBN 9781841134499
Published April 2004
Hart Publishing
The Treaty of Nice and Beyond: Enlargement and Constitutional Reform ISBN 9781841133393
Published November 2003
Hart Publishing