the hollow hope can courts bring about social change

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The Hollow Hope

Author : Gerald N. Rosenberg
ISBN : 0226726681
Genre : Political Science
File Size : 24. 78 MB
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In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

The Hollow Hope

Author : Gerald N. Rosenberg
ISBN : 0226727033
Genre : Law
File Size : 86. 64 MB
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Argues that congressional and executive acts do more to instigate social change than do major court decisions and studies specific cases and their impact on civil rights

Judicial Process Law Courts And Politics In The United States

Author : David Neubauer
ISBN : 9781111357566
Genre : Political Science
File Size : 26. 2 MB
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Working within the framework of law and politics, JUDICIAL PROCESS combines detailed information about the major structures and processes of the American judiciary with an insider’s understanding of the importance of courthouse dynamics. From the organization and procedures of the various courts to the current applications of specific laws, the Sixth Edition explores the roles and impact of the judicial system. Throughout the text, the authors not only explain what the legal rules are but also explore each rule’s underlying assumptions, history, and goals, providing a complete and balanced look at the role of the judicial system today. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Complex Justice

Author : Joshua M. Dunn
ISBN : 9781469606606
Genre : Political Science
File Size : 25. 20 MB
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In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

Judging Russia

Author : Alexei Trochev
ISBN : 9781139471107
Genre : Law
File Size : 21. 19 MB
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This is a study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear process with unintended consequences and that courts that depend on their reputation flourish only if an effective and capable state is there to support them. This is because judges can rely only on the authoritativeness of their judgments, unlike politicians and bureaucrats, who have the material resources necessary to respond to judicial decisions. Drawing upon systematic analysis of all decisions of the Russian Court (published and unpublished) and previously unavailable materials on their (non-)implementation, and resting on a combination of the approaches from comparative politics, law, and public administration, this book shows how and why judges attempted to reform Russia's governance and fought to ensure compliance with their judgments.

Punishment And Social Control

Author : Thomas G. Blomberg
ISBN : 0202307018
Genre : Law
File Size : 30. 40 MB
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While crime, law, and punishment are subjects that have everyday meanings not very far from their academic representations, "social control" is one of those terms that appear in the sociological discourse without any corresponding everyday usage. This concept has a rather mixed lineage. "After September 11" has become a slogan that conveys all things to all people but carries some very specific implications on interrogation and civil liberties for the future of punishment and social control. The editors hold that the already pliable boundaries between ordinary and political crime will become more unstable; national and global considerations will come closer together; domestic crime control policies will be more influenced by interests of national security; measures to prevent and control international terrorism will cast their reach wider (to financial structures and ideological support); the movements of immigrants, refugees, and asylum seekers will be curtailed and criminalized; taken-for-granted human rights and civil liberties will be restricted. In the midst of these dramatic social changes, hardly anyone will notice the academic field of "punishment and social control" being drawn closer to political matters. Criminology is neither a "pure" academic discipline nor a profession that offers an applied body of knowledge to solve the crime problem. Its historical lineage has left an insistent tension between the drive to understand and the drive to be relevant. While the scope and orientation of this new second edition remain the same, in recognition of the continued growth and diversity of interest in punishment and social control, new chapters have been added and several original chapters have been updated and revised.

Brown V Board Of Education And The Civil Rights Movement

Author : Michael J. Klarman
ISBN : 0198042000
Genre : Law
File Size : 40. 23 MB
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A splendid account of the Supreme Court's rulings on race in the first half of the twentieth century, From Jim Crow To Civil Rights earned rave reviews and won the Bancroft Prize for History in 2005. Now, in this marvelously abridged, paperback edition, Michael J. Klarman has compressed his acclaimed study into tight focus around one major case--Brown v. Board of Education--making the path-breaking arguments of his original work accessible to a broader audience of general readers and students. In this revised and condensed edition, Klarman illuminates the impact of the momentous Brown v. Board of Education ruling. He offers a richer, more complex understanding of this pivotal decision, going behind the scenes to examine the justices' deliberations and reconstruct why they found the case so difficult to decide. He recaps his famous backlash thesis, arguing that Brown was more important for mobilizing southern white opposition to change than for encouraging civil rights protest, and that it was only the resulting violence that transformed northern opinion and led to the landmark legislation of the 1960s. Klarman also sheds light on broader questions such as how judges decide cases; how much they are influenced by legal, political, and personal considerations; the relationship between Supreme Court decisions and social change; and finally, how much Court decisions simply reflect societal values and how much they shape those values. Brown v. Board of Education was one of the most important decisions in the history of the U.S. Supreme Court. Klarman's brilliant analysis of this landmark case illuminates the course of American race relations as it highlights the relationship between law and social reform. Acclaim for From Jim Crow to Civil Rights: "A major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence." --Randall Kennedy, The New Republic "Magisterial." --The New York Review of Books "A sweeping, erudite, and powerfully argued book...unfailingly interesting." --Wilson Quarterly

Health And Human Rights

Author : Thérèse Murphy
ISBN : 9781782251712
Genre : Political Science
File Size : 33. 23 MB
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This book aims to bolster the burgeoning discourse of health and human rights. In so doing, it charts the history of the linkage between health and human rights. It also pinpoints the sense of imperative that surrounds this relationship. More importantly, the book identifies a series of threats and challenges facing attempts to link health and human rights and proposes how these might be addressed. Amongst other things, it asks: is conflict between risk and rights inevitable in the context of infectious disease control? Is reproductive choice a bad argument in the context of reproductive technologies? Is it sensible for human rights to make use of measurement tools such as indicators? Is the 'cost of human rights' an argument that can and should be used by proponents of human rights? The answers it gives to these questions are original and engaging and will be of great interest to a diverse audience, including scholars and policy-makers in these areas.

America In Black And White

Author : Stephan Thernstrom
ISBN : 1439129096
Genre : Social Science
File Size : 63. 71 MB
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In a book destined to become a classic, Stephan and Abigail Thernstrom present important new information about the positive changes that have been achieved and the measurable improvement in the lives of the majority of African-Americans. Supporting their conclusions with statistics on education, earnings, and housing, they argue that the perception of serious racial divisions in this country is outdated -- and dangerous.

Brown V Board Of Education

Author : James T. Patterson
ISBN : 9780199880843
Genre : History
File Size : 51. 75 MB
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2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

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