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The Limits of Policy Change
Michael Hayes offers a vigorous defense of incrementalism: the theory that the policymaking process typically should involve bargaining, delay, compromise, and, therefore, incremental change. Incrementalism, he argues, is one result of a checks-and-balances system in which politicians may disagree over what we want to achieve as a nation or what policies would best achieve shared goals. Many political scientists have called for reforms that would facilitate majority rule and more radical policy change by strengthening the presidency at the expense of Congress. But Hayes develops policy typologies and analyzes case studies to show that the policy process works best when it conforms to the ten...
Diversity Judgments
Shows how the Supreme Court can repair its diminished legitimacy in a society committed to diversity and inclusion.
The Reality of Precaution
The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic relations.
Justifying Strict Liability
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justif...
Auto Mechanics
The history of automobiles is not just the story of invention, manufacturing, and marketing; it is also a story of repair. Auto Mechanics opens the repair shop to historical study—for the first time—by tracing the emergence of a dirty, difficult, and important profession. Kevin L. Borg's study spans a century of automotive technology—from the horseless carriage of the late nineteenth century to the "check engine" light of the late twentieth. Drawing from a diverse body of source material, Borg explores how the mechanic’s occupation formed and evolved within the context of broad American fault lines of class, race, and gender and how vocational education entwined these tensions around the mechanic’s unique expertise. He further shows how aspects of the consumer rights and environmental movements, as well as the design of automotive electronics, reflected and challenged the social identity and expertise of the mechanic. In the history of the American auto mechanic, Borg finds the origins of a persistent anxiety that even today accompanies the prospect of taking one's car in for repair.
Regulatory Policy and the Social Sciences
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1985.
Reasonableness and Risk
The law of torts is concerned with what we owe to one another in the way of obligations not to interfere with, or impair, each other's urgent interests as we go about our lives in civil society. The most influential contemporary account of tort law treats tort liability rules as shadow prices. Their role is not to vindicate claimants' own rights and interests, but to induce us to injure one another only when it is economically efficient to do so. The chief competitors to the economic view take tort law's importance to lie primarily in the duties of repair that it imposes on wrongdoers, or in the powers of recourse that it confers on the victims of tortious wrongs. This book argues that tort ...
Explorations In Environmental History
Samuel P. Hays is one of the most distinguished scholars in the field of environmental history and the leading thinker of its first generation. The range and quality of the scholarship collected here reflect his work as a teacher, scholar, and activist writing in environmental history and provide a powerful exclamation point to a long and distinguished career.The depth of Hays's research is evident on every page of this collection. He was not one who published just to publish; he wrote what was important and spoke to the heart of continuing debates about the environment from 1959, with the publication of Conservation and the Gospel of Efficiency to the present day.As well as representing his...
California Greenin'
This first comprehensive look at California's history of environmental leadership shows why the Golden State has been at the forefront in setting new environmental standards, often leading the rest of the nation.
Law Without Values
Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
