Varieties of Legal Order

Thomas F. Burke is Professor of Political Science at Wellesley College. His research focuses on the place of rights and litigation in public policy, and the ways in which organizations respond to rights laws. His most recent books are How Policy Shapes Politics (2015), coauthored with Jeb Barnes, and the ninth edition of Reason in Law (2016) coauthored with Lief Carter. In a stroke of extraordinary luck, his Ph.D. dissertation, Litigation and its Discontents, was supervised by Robert Kagan. It won the 1996 Edwin S. Corwin Award for best dissertation in public law. Jeb Barnes is Associate Professor of Political Science at the University of Southern California and a former Robert Wood Johnson Scholar in Health Policy Research. He is the author of five books and numerous peer-reviewed articles on the intersection of law, politics, and public policy and mixed-methods research strategies, most recently How Policy Shapes Politics (2015), coauthored with Thomas F. Burke, and Finding Pathways: Mixed-Method Research for Studying Causal Mechanisms (2014) coauthored with Nicholas Weller.

Notes on Contributors Acknowledgments 1. Introduction: What We Talk About When We Talk About Law Thomas F. Burke and Jeb Barnes 2. Adversarial Legalism, Civil Rights, and the Exceptional American State R. Shep Melnick 3. Seeing Through the Smoke: Adversarial Legalism and U.S. Tobacco Politics Michael McCann and William Haltom 4. Kagan’s Atlantic Crossing: Adversarial Legalism, Eurolegalism, and Cooperative Legalism in European Regulatory Style, Francesca Bignami and R. Daniel Keleman 5. Coping With Auto Accidents in Russia, Kathryn Hendley 6. Overcoming the Disconnect: Internal Regulation and the Mining Industry Neil Gunningham 7. Devolving Standards: California’s Structural Failures in Response to Prisoner Litigation Malcolm M. Feeley and Van Swearingen 8. Style Matters: On the Role of Pattern Analysis in the Study of Regulation Cary Coglianese 9. The Politics of Legalism [Thomas F. Burke and Jeb Barnes