New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies. In the US, scholarship on issues such as collaborative problem-solving, democratic experimentalism, and problem-solving courts exemplify the interest in similar developments. This book covers diverse policy sectors and subjects, including the environment, education, anti-discrimination, food safety and many others. While some chapters concentrate on the operation of new governance mechanisms in a federal and multilevel context and others look at the relationship between public and private mechanisms and settings, what all the contributors share in common is the pursuit of effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law and constitutionalism, and of legal and constitutional values.

Introduction: New Governance, Law and Constitutionalism
Gráinne de Búrca and Joanne Scott

PART I: NEW GOVERNANCE, LAW AND CONSTITUTIONALISM

1. EU Constitutionalism and New Governance
Neil Walker

2. Toyota Jurisprudence: Legal Theory and Rolling Rule Regimes
William H Simon

3. 'Soft Law', 'Hard Law', and EU Integration
David M Trubek, Patrick Cottrell and Mark Nance

PART II: CASE STUDIES: EUROPE

4. EU Race Discrimination Law: A Hybrid Model?
Gráinne de Búrca

5. New EU Employment Governance and Constitutionalism
Claire Kilpatrick

6. Solidarity and New Governance in Social Policy
Catherine Barnard

7. The European Union and the Governance of Health Care
Tamara K Hervey

8. Law and New Environmental Governance in the European Union
Joanne Scott and Jane Holder

PART III: CASE STUDIES: UNITED STATES

9. New Governance Practices in US Health Care
Louise G Trubek

10. Governing Occupational Safety in the United States
Orly Lobel

11. Information-forcing Regulation and Environmental Governance
Bradley C Karkkainen

12. Gender Equity Regimes and the Architecture of Learning
Susan Sturm

PART IV: COMPARATIVE STUDIES

13. EU Constitutionalism and the 'American Experience'
Paul Magnette and Justine Lacroix

14. Governance and American Political Development
Mark Tushnet

Epilogue: Accountability Without Sovereignity
Charles F Sabel and William H Simon

“The volume is useful reading for an academic, professional and policy audience. Each of the essays is well-organized internally, with clear and appealing structures...an exciting and well-timed contribution to the growing legal scholarship on the relationships between law and new governance.” –  Mark Flear, Common Market Law Review, Volume 44, issue 6

“This book is an impressive exercise in comparative law...the real strength of this book is the case studies.The conceptual chapters would stand on their own as interesting academic contributions to the subject.” –  John Townsend, King's Law Journal, Volume 18, Issue 1

“This is..a book with a subject-matter that is highly varied…It also provides a rich source of ideas and references to further reflective literature, so that the individual chapters will be extremely useful for those working in the cognate fields concerned...the work provokes a host of questions and will undoubtedly fuel many further enquires.” –  Evelyn Ellis, Public Law

“The meeting in this book of academic experts from either side of the Atlantic provides a range of essays based on real cases studied, examined from different backgrounds - thereby enabling readers to gain better understanding of this new, evasive form of governance which is at work in the process of evolving the European Union.” –  Frederik Ronse, European Library, No 9262/699

“…an important contribution to a rapidly growing scholarly, administrative, political and economic debate…The strength of this collection are its contributors, who have already shaped some key concepts of the debate and brought forth some of the most influential criticism of recent developments…this book challenges our understanding of law and constitutionalism in the EU and the US, and it can well serve as a starting and focal point for further and deeper discourse on new governance.” –  Christoph Konrath, The Law and Politics Book Review, Vol 16, No 11

“...this volume represents a cogent attempt to bring a big-picture perspective to a vast number of discrete developments within the EU...” –  International and Comparative Law Quarterly