Faculty Books & Edited Works

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Concealment and Exposure: And Other Essays

Thomas Nagel

Thomas Nagel is widely recognized as one of the top American philosophers working today. Reflecting the diversity of his many philosophical preoccupations, this volume is a collection of his most recent critical essays and reviews. The first section, Public and Private, focuses on the notion of privacy in the context of social and political issues, such as the impeachment of President Clinton. The second section, Right and Wrong, discusses moral, political and legal theory, and includes pieces on John Rawls, G.A. Cohen, and T.M. Scanlon, among others. The final section, Mind and Reality, features discussions of Richard Rorty, Donald Davidson, and the Sokal hoax, and closes with a substantial new essay on the mind-body problem. Written with characteristic rigor, these pieces reveal the intellectual passion underlying the incisive analysis for which Nagel is known.
Building a Better Democracy: Reflections on Money, Politics, and Free Speech: A Collection Of Writings

Burt Neuborne

Collection of writings on Buckley v. Valeo . . . on the financing of federal elections, and on the role of money and politics in our democracy.
The Enemy Within: Intelligence Gathering, Law Enforcement, and Civil Liberties in the Wake of September 11

Stephen J. Schulhofer

The federal government, in the name of fighting a war on terrorism, has acquired comprehensive and wide-ranging new surveillance and law enforcement powers. While many of the new measures reflect legitimate concerns and the elusive nature of the terrorist threat, Stephen J. Schulhofer argues that many of these measures needlessly sacrifice important freedoms and might end up hampering, rather than advancing, the government's antiterrorist efforts. He points out that many of these new powers are not limited to terrorism cases, that many are not relevant to international terrorism cases at all, and that many do not require suspicion of any kind that the person being investigated is involved in criminal activity. And often, he notes, the executive branch can exercise these new powers unilaterally, without the supervisory control and judicial oversight that were taken for granted until September 11.
God, Locke, and Equality: Christian Foundations of Locke’s Political Thought

Jeremy Waldron

This is a concise and profound book from one of the world's leading political and legal philosophers about a major theme, equality, and the proposition that humans are all one another's equals. Jeremy Waldron explores the implications of this fundamental tenet for law, politics, society and economy in the company of John Locke, whose work Waldron regards 'as well-worked-out a theory of basic equality as we have in the canon of political philosophy'. Throughout the text, which is based on the Carlyle Lectures given in Oxford in 1999, Jeremy Waldron discusses contemporary approaches to equality and rival interpretations of Locke, and this dual agenda gives the whole an unusual degree of accessibility and intellectual excitement, of interest to philosophers, political theorists, lawyers and theologians around the world.
Peoples' Rights

Philip G. Alston

The right to self-determination has been a driving force in international law and politics through much of the post-World War II period. In the 1970s it was joined by a number of other human rights attributed to peoples rather than to individuals, including rights to development, peace, a clean environment, and humanitarian assistance. In this volume the current and future significance of these so-called third-generation solidarity rights are examined by leading experts.
Cases, Problems, and Materials on Bankruptcy

Douglas G. Baird, Thomas H. Jackson, and Barry E. Adler

The new edition of Cases, Problems and Materials on Bankruptcy retains the sophistication of the original Baird and Jackson casebook and has been refashioned so that it is easier to teach. Law school casebook that offers a clear explanation of the bankruptcy process while simultaneously challenging the student with commentary and questions that explore both new and classical bankruptcy themes. Part of the University Casebook Series, it features expertly edited cases, text and questions for classroom discussion.
Civil Procedure: Cases and Materials

John J. Cound, Jack H. Friedenthal, Arthur R. Miller, and John E. Sexton

Updated to include a contemporary perspective, this popular classic casebook covers important developments in several areas of civil procedure and incorporates student and professor comments on previous editions. While it retains a focus on procedural evolution, the new ninth edition also discusses cutting-edge issues, such as transnational litigation and technology's effect on jurisdictional doctrine. To make way for new material, this edition abbreviates a few older cases and commentaries and streamlines some notes.
The EU and the WTO: Legal and Constitutional Issues

Gráinne de Búrca and Joanne Scott

The essays in this volume attempt to explore and elucidate some of the legal and constitutional complexities of the relationship between the EU and the WTO, focusing particularly on the impact of the latter and its relevance for the former. The effect of WTO norms is evident across a broad range of European economic and social policy fields, affecting regulatory and distributive policies alike. A number of significant areas have been selected in this book to exemplify the scope and intensity of impact, including EC single market law, external trade, structural and cohesion funding, cultural policy, social policy, and aspects of public health and environmental policy. Certain chapters seek to examine the legal and political points of intersection between the two legal orders, and many of the essays explore in different ways the normative dimension of the relationship between the EU and the WTO and the legitimacy claims of the latter.
The European Court of Justice

Gráinne de Búrca and Joseph H. H. Weiler

This collection of essays examines an institution that continues to be of central importance to students and scholars of European Union law and policy. The essays develop new avenues of analysis and perspectives, including a philosophical, a sociological and a gender-based analysis.
Expanding the Boundaries of Intellectual Property: Innovation Policy for the Knowledge Society

Rochelle C. Dreyfuss, Diane L. Zimmerman, and Harry First

Many countries have already agreed to accept minimum standards of intellectual property protection and enforcement. But how much control should innovators exercise over their creative works or inventions? This new collection of essays analyzes and develops this issue, which has assumed considerable importance in our new knowledge-based economy. Expanding the Boundaries of Intellectual Property has an international perspective, written by judges and leading academics from the US and Europe; it focuses on intellectual property rights as a whole, with the emphasis on the common theoretical underpinnings of copyright, patent and related rights (trade secrets, contract rights); it identifies expanding rights as a trend that has important and novel pro- and anti-competitive implications.
The Internal Governance and Organizational Effectiveness of Labor Unions: Essays in Honor of George Brooks

Samuel Estreicher, Harry C. Katz, and Bruce E. Kaufman

This volume provides a framework for evaluating issues of the internal governance and organizational effectiveness of labor unions. Little systematic attention has been paid to labor unions as organizations, as a prevailing assumption of the literature is to treat unions as simple institutions with well-defined objectives. This volume collects some of the best work on issues of union democracy and union funding, with the objective of identifying the factors in understanding modern labor and employment laws. It is edited by two prominent legal scholars that promote (and retard) the organizational effectiveness of these organizations. The book also offers some comparative assessments by including chapters on Canada, France, Germany, and the United Kingdom.
Constitutional Culture and Democratic Rule

John A. Ferejohn, Jack N. Rakove, and Jonathan Riley

This volume investigates the nature of constitutional democratic government in the United States and elsewhere. The editors introduce a basic conceptual framework which the contributors clarify and develop in eleven essays organized into three separate sections. The first section deals with constitutional founding and the founders' use of cultural symbols and traditions to facilitate acceptance of a new regime. The second discusses alternative constitutional structures and their effects on political outcomes. The third focuses on processes of constitutional change and on why founders might choose to make formal amendments relatively difficult or easy to achieve. The book is distinctive because it provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. These tools are discussed in ways that will be of interest to students and readers in political science, law, history and political philosophy.
Mass Imprisonment: Social Causes and Consequences

David W. Garland

This major new volume of papers by leading criminologists, sociologists and historians, sets out what is known about the political and penological causes of the phenomenon of mass imprisonment. Mass imprisonment, American-style, involves the penal segregation of large numbers of the poor and minorities. Imprisonment has become a central institution for the social control of the urban poor. Other countries are now looking to the USA to see what should be learned from this massive and controversial social experiment. This book describes mass imprisonment's impact upon crime, upon the minority communities most affected, upon social policy and, more broadly upon national culture. This is a book that all penologists and policy makers should read.
The Culture of Control: Crime and Social Order in Contemporary Society

David W. Garland

The past 30 years have seen vast changes in our attitudes toward crime. More and more of us live in gated communities; prison populations have skyrocketed; and issues such as racial profiling, community policing, and “zero-tolerance” policies dominate the headlines. How is it that our response to crime and our sense of criminal justice has come to be so dramatically reconfigured? David Garland charts the changes in crime and criminal justice in America and Britain over the past twenty-five years, showing how they have been shaped by two underlying social forces: the distinctive social organization of late modernity and the neoconservative politics that came to dominate the United States and the United Kingdom in the 1980s. Garland explains how the new policies of crime and punishment, welfare and security—and the changing class, race, and gender relations that underpin them—are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland’s The Culture of Control offers a brilliant guide to this process and its still-reverberating consequences.
Regulation of Lawyers: Statutes and Regulations

Stephen Gillers and Roy D. Simon

Prior edition of Regulation of Lawyers: Statutes and Regulations.
Federal Habeas Corpus Practice and Procedure

Randy A. Hertz and James S. Liebman

Our publication of a new edition of Federal Habeas Corpus Practice and Procedure, so soon after the third edition in 1998, reflects the rapidity with which habeas corpus law has been changing in recent years. The enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) added vast new complications to an already complex field of law, prompting disagreements among and within circuits as the lower federal courts struggled to interpret the statute’s ambiguous and often poorly drafted provisions. In the few years since the last edition, the Supreme Court has issued decisions resolving some of the most hotly disputed issues concerning AEDPA’s interpretation. These decisions, on the whole, provide further evidence of a trend that had begun to become apparent at the time of the last edition: that the Supreme Court is inclined to construe AEDPA narrowly so as to preserve what the Court recently called the “vital role” that “[t]he writ of habeas corpus plays … in protecting constitutional rights.” In 2000, for example, the Court rejected a restrictive interpretation—urged by the government and adopted by some of the circuits—of AEDPA’s rule governing federal court review of state court determinations of legal and mixed legal-factual questions; instead, the Court construed the provision in a manner that recognizes the continuing obligation of federal habeas courts to scrutinize state court rulings on federal constitutional claims independently. In three decisions in 2001, the Court reaffirmed the writ’s longstanding role in the immigration context, rejecting government arguments that AEDPA and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (HRIRA) should be construed as foreclosing habeas corpus review of orders of deportation and exclusion (not called orders of “removal”). Many of the lower federal courts have taken their cues from the Supreme Court’s decisions of recent years and have been construing and applying AEDPA in a manner that recognizes and contributes to the continuing robustness of the writ. It is now apparent, therefore, that AEDPA did not, as some commentators had predicted at the time of its enactment, sound the death knell for the writ of habeas corpus. What AEDPA unmistakably did, however, was to complicate and confuse the law of habeas corpus. One of the consequences of AEDPA’s enactment is that there are now three different sets of rules that may potentially govern in a federal postconviction proceeding. Which set applies depends upon one or more of four factors—the date on which a case was filed, the date on which other events in the case took place, whether or not the petitioner is under sentence of death and, if so, the quality of capital postconviction review procedures available in the State that sentenced the petitioner. As a result, this edition, like the last one, discusses numerous doctrinal variations that apply to some cases but not others. We do so by presenting an overview of AEDPA’s provisions in Chapter 3 (which includes, in §3.5b, an outline of the rules that apply to different types of cases) and then by delineating in each subsequent chapter the specific changes that AEDPA makes and the types of cases to which the changes apply. Notwithstanding the recent Supreme Court decisions, much of the law governing federal habeas corpus and section 2255 proceedings is still in flux. This edition canvasses the current state of the law and offers our thoughts about the most satisfactory way to resolve the interpretive controversies that remain. We caution our readers, however, to supplement our analyses and predictions with careful study of recent legal developments in the district and circuit courts as well as the Supreme Court, a significant number of which will assuredly occur after this edition’s publication. As in the past, we will use annual updates to help keep readers abreast of new developments and to elaborate upon—and, where appropriate, revise—the analyses we present in this edition.
The Law of Democracy: Legal Structure of the Political Process

Samuel Issacharoff, Pamela S. Karlan, and Richard H. Pildes

This book created the field of the law of democracy, offering a systematic account of the legal construction of American democracy. This edition is the most significant revision in a decade. With the addition of Nathaniel Persily, the book now turns to a changed legal environment following such blockbuster Supreme Court decisions as Citizens United and Shelby County. This edition streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The basic structure of the book continues to follow the historical development of the individual right to vote; current struggles over gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.
When Elections Go Bad: The Law of Democracy and the Presidential Election of 2000

Samuel Issacharoff, Pamela S. Karlan, and Richard H. Pildes

When Elections Go Bad: The Law of Democracy and the Presidential Election of 2000 contains four chapters. Chapters 1 and 3 explore the substantive boundary line between the kinds of interests in the election processes that the law treats as implicating federal constitutional (and statutory) issues, versus the kinds of interests the law treats as implicating only state interests. Given that every dispute over matter of voting could be considered a dispute over "voting rights," when does the pre-Bush v. Gore law treat a voting issue, in either state or federal elections, as rising to a level that implicates federal interests. Chapter 2 addresses the complex interplay between federal and state courts in resolving voting-rights claims. Chapter 4 explores the range of remedial possibilities courts have accepted in various contexts: ordering new elections; enjoining upcoming elections; statistical adjustments to vote totals - including the wonderfully named case of In Re the Purported Election of Bill Durkin; permanently enjoining a particular election practice - centered on a federal court case finding that punch-card balloting systems violate Sec. 2 of the Voting Rights Act; individual damages remedies; and criminal prosecutions. The materials narrate the legal events in Florida and include the two United States Supreme Court decisions in Bush v. Gore, the central Florida Supreme Court and lower court decisions, and the Eleventh Circuit litigation.
When Elections Go Bad: The Law of Democracy and the Presidential Election of 2000

Samuel Issacharoff, Pamela S. Karlan, and Richard H. Pildes

Using the presidential election of 2000 as a springboard for discussion, this treatise offers a comprehensive legal perspective on how disputed state and federal elections are resolved. Crucial judicial decisions and legal materials from this disputed election are examined against a broader historical, doctrinal, and analytical context.
Criminal Law and Its Processes: Cases and Materials

Sanford H. Kadish and Stephen J. Schulhofer

We have tried in this edition to freshen the material while at the same time maintaining close continuity with it. Thus we have left unaltered the basic organization, tone, and perspective of the book. We have replaced relatively few of the major cases, only doing so to improve teachability or to introduce new developments. Most of the changes have been in the reorganization of some chapters and in the Notes and Problems, where we try to present the most interesting ideas in the non-case literature, as well as new issues of importance. Why substantive criminal law? We conceive of a criminal law course as serving the ends of both general legal education and training in the criminal law in particular. There are, as we see it, three chief ways the course can contribute to the general legal education of the law student. One way is to provide a vehicle for the close reading of statutory texts—primarily the Model Penal Code, but also state statutory formulations—to help balance the emphasis on case law in the first-year curriculum. The second way is to introduce the student to the operation of a system of rules and principles designed to apportion blame and responsibility in accordance with our moral norms, subject to the practical restraints of a functioning system. While the criminal law is the primary institution serving this function, fault and wrongdoing each play a role in determining liability throughout the law. Hence some understanding of the analytical elements in assessing blame for a person’s conduct or for the conduct of another, and of the concepts of excuse and justification, is an important element in a lawyer’s legal education. The third way the criminal law course serves the purpose of general legal education is by enlarging insight into the potentialities and limitations of the law as an instrument of social control. We have in mind the hard problems encountered in using the law for this purpose: the difficulty of giving legal form to the compromises made necessary when goals conflict; the creation of institutional arrangements—judicial and administrative—appropriate to the goals sought; the limitations—moral and practical—on the use of the law as a means of social control; the relation of legal controls to other social processes. The substantive criminal law provides an unusually suitable introduction to these pervasive problems of the law. The ends criminal law serves involve social and human values of the highest order. It means, entailing the imposition of brute force on the lives of individuals, are potentially the most destructive and abusive to be found within the legal system. The issues it raises and the setting in which it raises them are compelling and vivid. Its institutions are acutely controversial and often controverted. And one of its underlying themes is the momentous issue of the reconciliation of authority and the individual. As Professor Herbert Wechsler has written: “Whatever views one holds about the penal law, no one will question it importance in society. This is the law on which men place their ultimate reliance for protection against all the deepest injuries that human conduct can inflict on individuals and institutions. By the same token, penal law governs the strongest force that we permit official agencies to bring to bear on individuals. Its promise as an instruments of safety is matched only by its power to destroy. If penal law is weak or ineffective, basic human interests are in jeopardy. If it is harsh or arbitrary in its impact, it works a gross injustice on those caught within its toils. The law that carries such responsibilities should surely be as rational and just as law can be. Nowhere in the entire legal field is more at stake for the community or for the individual.” What of the course’s narrower purpose of training students in the criminal law in particular? Here there are two main pedagogic objectives. One is to furnish a solid foundation for those who will, in greater of lesser degree, participate directly in the processes of the criminal law. This foundation does not require mastery of the full range of technical skills and information held by the practicing criminal lawyer, judge or administrator, but rather the development of confidence in handling principles and rules—judge-made or statutory—through knowledge about the larger implications of doctrines and institutions of the criminal law. The second purpose is to create in law school graduates who will have little occasion to practice criminal law and understanding of the problems of the criminal law. As influential members of their communities—and more directly as judges, legislators, or teachers—lawyers versed in the principles of criminal law can bring an informed intelligence to the challenge of solving some of the most vexing problems of our times. Revisions for the seventh edition. In the procedural sections (Chapter 1), we have streamlined the materials but have retained those fundamentals of criminal trial procedure that we consider essential for understanding the issues in substantive criminal law (rules of evidence, burden of proof, presumptions, and the role of the jury). These topics can now be covered in several classes. We believe that a brief but intensive treatment of this material at the outset of the course adds immeasurably to the student’s appreciation of the concrete setting in which substantive law issues arise and the practical considerations that so often influence those debates. We have retained in Chapter 1 a substantial but more tightly edited sections dealing with the ethical responsibilities of the criminal defense attorney. The themes of this section are central to the study and practice of law, and we believe that students can profit from exposure to these themes early and often in their legal education. The growing complexity and importance of sentencing procedure and sentencing guidelines pose a dilemma for an introductory criminal law course. The subject is too important to be ignored but too complex to be covered comprehensively. We have sought to strike an appropriate balance by providing in Chapter 2 both a textual summary of current sentencing procedures and a principal case that can serve as a focal point for discussion in class. Though brief and tightly edited, the material is sufficient to illustrate for students the mechanics of how guidelines work, as well as the tough jurisprudential issues underlying them. In the substantive sections we have updated the cases, added Notes and Problems dealing with issues of current concern, and done some reorganization of the material. For example, we have tried in the provocation section and the mental disorder chapter to tighten (as well as lighten) the presentation of material and in the rape chapter to cover some of the expanding issues, as well as to permit sustained attention to statutory drafting and interpretation. Among the new principal cases are City of Chicago v. Morales (vagueness and new strategies of policing); Commonwealth v. Fischer (mistake of fact in rape); State v. Guthrie (premeditation); People v. Kevorkian (assisted suicide and causation); Public Committee Against Torture v. State of Israel (necessity defense); and Washington v. Glucksberg (euthanasia). As in previous editions, the substantive materials continue to focus on imparting an understanding of what is often called the “general part” of the criminal law—that is, those basic principles and doctrines that come into play across the range of specific offenses (for example, actus reus, mens rea, and the various justifications and excuses). We believe that mastery of the detailed elements of many particular crimes is not an appropriate goal for a basic criminal law course. Nevertheless, we have found that understanding of the basic principles is enhanced by testing their applications and interactions in the context of particular offenses. Accordingly, we examine in detail three offense categories: rape (Chapter 4), homicide (Chapter 5), and theft (Chapter 9). The chapter on rape provides an opportunity to focus on the definitional elements of a major crime in a context that has become the focus of acuter controversy because of changing perceptions and changing social values. The theme of the homicide chapter is the task of legislative grading of punishment in a particularly challenging area. The theft chapter explores the significance of history and the continued impact of old doctrinal categories on the resolution of thoroughly modern difficulties in defining the boundaries of the criminal law. Use of the materials in diverse teaching formats. Over the years, law schools have experimented with a variety of formats for the basic criminal law course. Although the year-long five- or six-hour course remains common, some schools offer criminal law as a four- or even three-hour course, and some schedule the course in the first or second semester or even in the second or third years. Under these circumstances, a short book designed to be taught straight through, without adjustments or deletions, is bound to prove unsatisfactory for many users. In preparing the seventh edition, we have sought to edit the materials tightly enough to avoid significant surplusage for the average course, but we have not attempted to preempt all possible judgments about inclusion and exclusion. Rather, we thought it essential to allow for teachers to select topics that accord with their own interests and with the curricular arrangements at their own schools. Thus, we have aspired to create a flexible teaching tool, one that reflects the rich diversity of the subject. For the five- or six-hour, year-long course, the book can be taught straight through, perhaps with some minor deletions. For a four-hour course, and especially in the case of a three-hour course, substantial omissions will be necessary. The Teachers Manual presents detailed suggestions for sequencing and class-by-class assignments.
Corporate Income Taxation

Douglas A. Kahn and Jeffrey S. Lehman

Corporate tax laws have changed radically, most importantly due to the Tax Reform Act of 1986. This treatise is aimed at generalists who need a comprehensive overview of corporate tax doctrine and tax laws, specialists who need a way to synthesize the relevant authorities on a particular question, and students who want a discursive text to read along with their casebook. Discusses the crucial issues of corporate taxation. This book provides a comprehensive understanding of the field, enhance law student performance on exams, and also provides a useful guide for attorneys practicing in this area.
Banking Law and Regulation

Jonathan R. Macey, Geoffrey P. Miller, and Richard Scott Carnell

With its refined, updated Third Edition, Banking Law and Regulation again takes its place as the most effective foundation text available on the law surrounding traditional commercial banks and other depository institutions. the new edition builds on the comprehensive yet concise approach on which instructors have come to depend. As before, The Third Edition: explains the nature, content, and scope of the rules that regulate banking in ways that make the material meaningful and relevant to students encompasses the history, regulation, regulatory powers, and globalization of financial institutions examines the role of the bank in modern society including explorations of policy implications makes enlightening connections between traditional commercial banks and other depository institutions employs an effective cases-and-notes pedagogy that blends clear introductions to legal concepts with a mixture of rhetorical and problem-like questions begins with a strong introductory history and overview of banking, nontraditional depository institutions, and banking regulation, giving students a solid foundation on which to build their understanding provides regular updates through an annual Statutory Supplement addressing recent developments and new cases In the New Edition - a wide variety of changes, improvements, and updates, including: a new co-author, Richard Scott Carnell, who draws on his expertise in both legal practice and teaching revised chapters on Securities Powers of Banking Institutions and International Banking, that cover these crucial topics more accessibly an expanded index for quicker access to specific coverage the latest cases and changes in the law, especially the Gramm-Leach-Biley Act of 1999 updated coverage of antitrust and other important legislative developments
Civil Procedure

Arthur R. Miller and Jack H. Friedenthal

Prior edition of Civil Procedure.
The Legalist Reformation: Law, Politics, and Ideology in New York, 1920-1980

William E. Nelson

Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the scene of intense struggle between white, Anglo-Saxon, Protestant upper and middle classes located primarily in the upstate region and the impoverished, mainly Jewish and Roman Catholic, immigrant underclass centered in New York City. Beginning in the 1920s, however, judges such as Benjamin N. Cardozo, Henry J. Friendly, Learned Hand, and Harlan Fiske Stone used law to facilitate the entry of the underclass into the economic and social mainstream and to promote tolerance among all New Yorkers. Ultimately, says William Nelson, a new legal ideology was created. By the late 1930s, New Yorkers had begun to reconceptualize social conflict not along class lines but in terms of the power of majorities and the rights of minorities. In the process, they constructed a new approach to law and politics. Though doctrinal change began to slow by the 1960s, the main ambitions of the legalist reformation--liberty, equality, human dignity, and entrepreneurial opportunity—remain the aspirations of nearly all Americans, and of much of the rest of the world, today.
The Federal Vision: Legitimacy and Levels of Governance in the United States and the European Union

Kalypso Nicolaïdis and Robert L. Howse

This book is about the complex and changing relationship between levels of governance in the US and the European Union. On the basis of a transatlantic dialogue between scholars concerned about modes of governance on both sides, it is a collective attempt at analysing the ramifications of the legitimacy crisis in these multi‐layered democracies, and possible remedies to this. Starting from a focus on the current policy debates over ‘devolution’ and ‘subsidiarity’, the book engages the reader into the broader tension of comparative federalism. Its authors believe that in spite of the fundamental differences between them, both the EU and the USA are in the process of re‐defining a federal vision for the twenty‐first century. The book is a contribution to the study of federalism and European integration, and seeks to bridge the divide between the two. It also bridges the traditional divide between technical, legal or regulatory discussions of federal governance and philosophical debates over questions of belonging and multiple identities. It is a multi‐disciplinary project, bringing together historians, political scientists and theorists, legal scholars, sociologists and political economists (more than 20 authors are involved), and includes both innovative analysis and prescriptions on how to reshape the federal contract in the USA and the EU. Included are introductions to the history of federalism in the USA and the EU, the current debates over devolution and subsidiarity, the legal framework of federalism and theories of regulatory federalism, as well as innovative approaches to the application of network analysis, principal‐agent models, institutionalist analysis, and political theories of citizenship to the federal context. The introduction and conclusion by the editors draws out cross‐cutting themes and lessons from the thinking together of the EU and USA experiences, and suggest how a ‘federal vision’ could be freed from the hierarchical paradigm of the ‘federal state’ and articulated around concepts of mutual tolerance and empowerment. The seventeen chapters are arranged in five sections: I. Articulating the Federal Vision (two chapters)—views of federalism in its USA and EU versions; II. Levels of Governance in the USA and the European Union: Facts and Diagnosis (four chapters)—an overview of the history and current state of federalism in the USA and EU; III. Legal and Regulatory Instruments of Federal Governance (three chapters); IV. Federalism, Legitimacy, and Governance: Models for Understanding (four chapters); V. Federalism, Legitimacy, and Identity (four chapters)—a discussion of the deeper roots of legitimacy in federal systems; there is also an appendix, which discusses the basic principles for the allocation of competence in the USA and EU.