Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America

Nolette, Paul

doi:10.1353/book39127

Cited by 25 publications

(6 citation statements)

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“…State attorneys general can individually or in partnership with colleagues from other states attempt to delay or overturn federal executive decisions via litigation. They dramatically expanded their efforts on climate change during the 2010s (Nolette 2015;Nolette and Provost 2018). State attorneys general of one party can provide core climate policy opposition to a president of the other party, particularly salient in an era where Congress remains hamstrung in adopting legislation or counter-balancing executive branch power (Thompson, Wong, and Rabe 2020).…”

Section: Respective Policy Development and Implementation Rolesmentioning

confidence: 99%

“…At the same time, many states do not adopt climate policies and oppose most proposed federal climate policies. This can include active resistance to compliance and multistate litigation coalitions involving elected attorneys general (Nolette 2015). In some respects, state opposition coalitions have represented an ongoing check to presidential climate policy efforts, usually involving the party opposite the president, while Congress remained gripped by prolonged inertia on climate change and other environmental issues.…”

Section: Introductionmentioning

confidence: 99%

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Climate Governance and Federalism

2023

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The majority of the world's largest carbon emitters are either federations or have adopted systems of decentralised governance. The realisation of the world's climate mitigation objectives therefore depends in large part on whether and how governments within federal systems can cooperate to reduce carbon emissions and catalyse the emergence of low-carbon societies. This volume brings together leading experts to explore whether federal or decentralised systems help or hinder efforts to mitigate and adapt to climate change. It reviews the opportunities and challenges federalism offers for the development and implementation of climate mitigation and adaption policies and identifies the conditions that influence the outcomes of climate governance. Including in-depth case studies of 14 different jurisdictions, this is an essential resource for academics, policymakers and practitioners interested in climate governance, and the best practices for enhancing climate action. This title is also available as Open Access on Cambridge Core.

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Section: Respective Policy Development and Implementation Rolesmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Climate Governance and Federalism

2023

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“…Others include uncovering the behavior of predatory priests in the Catholic Church (Lytton 2008) and corporate misconduct in the opioid crisis (Gluck et al 2018). In some cases, adversarial legalism offers a means of addressing policies that the elected branches seem unwilling to take on, such as acid rain, climate change, and distortions in drug pricing (Nolette 2015). Taken together, these cases suggest that adversarial legalism's openness and fluidity can be especially valuable at the early stages of a policy cycle, when problem definition, information gathering, agenda setting, and mobilization are crucial.…”

Section: Adversarial Legalism As Everyday Practicementioning

confidence: 99%

“…Others use adversarial legalism descriptively and abstractly, as a way of delineating types of legal systems and placing developments in a broader framework, as in debates over "Eurolegalism" (Bignami 2011, Bignami & Kelemen 2018, Kelemen 2011 or efforts to describe emerging legal regimes, like the system for coping with auto accidents in Russia (Hendley 2018). Adversarial legalism is also used as a kind of marker to analyze struggles within the United States over litigation and regulation, as in Melnick's (2018a) recent book on Title IX, Witt's (2007) analysis of auto accident litigation, Feeley & Swearingen's (2018) study of California's responses to prison litigation, Nolette's (2015) examination of the increasing role of state attorneys general in American politics, and several studies of the rise of the litigation state and its retrenchment (Burbank & Farhang 2017, Dodd 2015, Farhang 2010, Staszak 2015.…”

Section: Introductionmentioning

confidence: 99%

Untangling the Concept of Adversarial Legalism

Barnes

Burke

2020

Annu. Rev. Law. Soc. Sci.

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The concept of adversarial legalism has been widely used by scholars of law, public administration, public policy, political science, sociology, and Law and Society, but the varying ways in which the concept has been employed raise concerns that it has become stretched to the point of incoherence. We argue that adversarial legalism entails both a style, an everyday practice of dispute resolution and policy making with distinct attributes, and a structure of governance that can be compared to other structures of authority. Untangling these aspects of adversarial legalism allows us to make sense of its different uses and identify future avenues of inquiry. Despite its wide application, we argue that adversarial legalism is in fact underutilized, especially in studies aimed at understanding consequences of judicialization, legalization, and juridification in the United States and abroad. Expected final online publication date for the Annual Review of Law and Social Science, Volume 16 is October 13, 2020. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

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“…Law, courts, and litigation remain central to American politics and policy (Kagan, 2019; Keck, 2014; Nolette, 2015). Courts continue to take the lead on contentious issues (Lemley, 2022; Brown & Epstein, 2022) and groups on the left and right keep using litigation to pursue their agendas (Kagan, 2019; Keck, 2014).…”

Section: Introductionmentioning

confidence: 99%

Tort tales and total justice: Exploring attitudes toward everyday tort claims for workplace injuries

Barnes,

Hevron,

Menounou

2023

Law Soc Rev

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Despite some retrenchment, the litigation state remains alive and well. All this litigation has engendered intense debates over whether increased lawsuits represent a rising tide of justice or a flood of frivolous claims. Tort law has been at the center of these debates for decades, standing at the fault line between “tort tale,” “total justice,” and “mixed” narratives about the perils and benefits of litigation. In this article, we use a survey experiment to probe attitudes toward claims for workplace injuries in light of these narratives. We find that our participants held multifaceted views. On one hand, they favored making claims over doing nothing or asking family members for help and saw lawsuits as equally appropriate as filing a government claim or hiring a lawyer to send a demand letter. On the other hand, tort tale themes cast a subtle shadow over our participants' views. When told claimants did not rush to the courts in defiance of tort tale expectations, our participants saw the lawsuit as more justified. Indeed, the more remedies exhausted prior to litigation, the more justifiable the lawsuit seemed, even though repeated denials of claims might undermine faith in their merits. The bottom line, we contend, is that attitudes toward litigation reflect not only the choice of remedy but also how remedies are used, even when the underlying claim is meritorious—a point that could be useful to practitioners and advocates as they weigh claiming options as well as litigation and public communication strategies.

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Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America

Cited by 25 publications

References 0 publications

Climate Governance and Federalism

Climate Governance and Federalism

Untangling the Concept of Adversarial Legalism

Tort tales and total justice: Exploring attitudes toward everyday tort claims for workplace injuries

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