Table of Contents

Contributors ForewordJudge Robert A. Katzmann Acknowledgements Part I: Setting the Stage: Themes and ConceptsPutting the Pieces Together: American Lawmaking from an Interbranch PerspectiveJeb Barnes and Mark C. Miller 1. American Courts and the Policy Dialogue: The Role of Adversarial LegalismRobert A. Kagan 2. Adversarial Legalism, the Rise of Judicial Policymaking, and the Separation-of-Powers DoctrineJeb Barnes Part II: A Closer Look at Interbranch Perspectives3. The View of the Courts from the Hill: A Neoinstitutional PerspectiveMark C. Miller 4. The View from the PresidentNancy Kassop 5. Courts and AgenciesR. Shep Melnick Part III: Statutory Construction: The Interbranch Perspective Applied6. The Supreme Court and Congress: Reconsidering the RelationshipLawrence Baum and Lori Hausegger 7. The Judicial Implementation of Statutes: Three Stories about Courts and the Americans with Disabilities ActThomas F. Burke 8. The City of Boerne: Two Tales of One CityStephen G. Bragaw and Mark C. Miller Part IV: Constitutional Interpretation: The Interbranch Perspective Applied9. Judicial Finality or an Ongoing Colloquy?Louis Fisher 10. Constitutional Interpretation from a Strategic PerspectiveLee Epstein, Jack Knight, and Andrew D. Martin 11. Is Judicial Policymaking Countermajoritarian?Neal Devins 12. Governance as DialogueJeb Barnes and Mark C. Miller Bibliography

Promotional Information

The book delivers 'big-time,' providing a perspective that should change how we conceptualize the lawmaking process, altering our perceptions of the role of different levels and branches of government in the process, and providing a provocative argument about why the American lawmaking process differs so greatly from that of other established democracies. It thus will become a 'must read' volume for all who are seriously interested in understanding American lawmaking and the role of our governing institutions in it. -- Lawrence C. Dodd, Manning J. Dauer Eminent Scholar in Political Science, University of Florida Anchored in the 'new institutionalism,' this volume makes a stunning contribution to both political science and legal scholarship. It replaces a tired (and incorrect) civics book notion of separation-of-powers with a more realistic (and accurate) view of policymaking that depends upon dialogue and shared powers among all the branches of government. The wonderfully written essays prepared by an all-star cast of scholars should make this an attractive book for use in any number of different political science, public policy, and law school courses. Indeed, entire courses can be constructed around it. -- Malcolm M. Feeley, Claire Sanders Clements Professor of Law, Boalt Hall School of Law, University of California, Berkeley A major contribution. In this volume a wonderful collection of first-rate scholars treat legislators, executive officials, and judges as part of an integrated and ongoing process of democractic decision making. Miller and Barnes provide a thoughtful and persuasive rationale for their interbranch perspective, and the methodologically diverse essays provide conclusive evidence for the virtues of their approach. Making Policy, Making Law should usher in a new 'governance as dialogue' movement within institutional studies. -- Howard Gillman, professor of political science and law, University of Southern California If the past decade of political science scholarship teaches us anything about courts and judges it is that they cannot be understood in isolation of other institutions. This very valuable volume expands our understanding of how courts and law influence, and are deeply influenced by, policy-making in the other branches. I cannot imagine a reader who would not be stimulated by thinking about the implications of this collection. -- Cornell Clayton, Department of Political Science, Washington State University

About the Author

Mark C. Miller is an associate professor and chair of the Department of Government and International Relations, and director of the Law and Society Program at Clark University, and author of The High Priests of American Politics: The Role of Lawyers in American Political Institutions. Jeb Barnes is assistant professor in the Department of Political Science at the University of Southern California, and author of Overruled? Legislative Overrides, Pluralism, and Contemporary Court-Congress Relations.

Reviews

This first-rate collection provides additional and more comprehensive support for a sophisticated, interactive political model of separated powers... Anyone with an interest in American political institutions ought to read this volume. It is chock full of thoughtful and insightful scholarship on a central aspect of American governance. Law & Politics Book Review