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

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

Author: Jeb Barnes; Thomas F. Burke
Publisher: Oxford University Press
ISBN: 9780199756117
Published In: January 2015
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

List of Figures

List of Tables

Acknowledgements

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