The Hollow Hope

Can Courts Bring About Social Change? Second Edition

Author: Gerald N. Rosenberg

Publisher: University of Chicago Press

ISBN: 9780226726687

Category: Political Science

Page: 534

View: 2008

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.

Imperfect Union

Representation and Taxation in Multilevel Governments

Author: Christopher R. Berry

Publisher: Cambridge University Press

ISBN: 0521764734

Category: Business & Economics

Page: 255

View: 7437

Special purpose jurisdictions, such as school districts, water districts, and transit authorities, constitute the most common form of local government in the United States today. This book offers the first political theory of special purpose jurisdictions and provides extensive empirical analyses of the politics and finances of these often overlooked but increasingly influential governments.

Confirmation Wars

Preserving Independent Courts in Angry Times

Author: Benjamin Wittes

Publisher: Rowman & Littlefield Publishers

ISBN: 144220155X

Category: Political Science

Page: 182

View: 1171

In Confirmation Wars, Benjamin Wittes examines the degradation of the judicial nominations process over the past fifty years. Drawing on years of reporting on judicial nominations, including numerous interviews with nominees and sitting judges, he explains how the process has changed and how these changes threaten the independence of the courts. Getting beyond the partisan blame game that dominates most discussion of nominations, he argues that the process has changed as an institutional response by Congress to modern judicial power and urges basic reforms to better insulate the judiciary from the nastiness of contemporary politics.

Power without Persuasion

The Politics of Direct Presidential Action

Author: William G. Howell

Publisher: Princeton University Press

ISBN: 1400874394

Category: Political Science

Page: 264

View: 2190

Since the early 1960s, scholarly thinking on the power of U.S. presidents has rested on these words: "Presidential power is the power to persuade." Power, in this formulation, is strictly about bargaining and convincing other political actors to do things the president cannot accomplish alone. Power without Persuasion argues otherwise. Focusing on presidents' ability to act unilaterally, William Howell provides the most theoretically substantial and far-reaching reevaluation of presidential power in many years. He argues that presidents regularly set public policies over vocal objections by Congress, interest groups, and the bureaucracy. Throughout U.S. history, going back to the Louisiana Purchase and the Emancipation Proclamation, presidents have set landmark policies on their own. More recently, Roosevelt interned Japanese Americans during World War II, Kennedy established the Peace Corps, Johnson got affirmative action underway, Reagan greatly expanded the president's powers of regulatory review, and Clinton extended protections to millions of acres of public lands. Since September 11, Bush has created a new cabinet post and constructed a parallel judicial system to try suspected terrorists. Howell not only presents numerous new empirical findings but goes well beyond the theoretical scope of previous studies. Drawing richly on game theory and the new institutionalism, he examines the political conditions under which presidents can change policy without congressional or judicial consent. Clearly written, Power without Persuasion asserts a compelling new formulation of presidential power, one whose implications will resound.

Up in Smoke

From Legislation to Litigation in Tobacco Politics

Author: Martha A. Derthick

Publisher: SAGE

ISBN: 1483304647

Category: Political Science

Page: 280

View: 3593

Now, with a brand new 3rd edition, the book returns to "ordinary politics" and the passage of the Family Smoking Prevention and Tobacco Control Act which gave the FDA broad authority to regulate both the manufacture and marketing of tobacco products. Derthick shows our political institutions working as they should, even if slowly, with partisanship and interest group activity playing their part in putting restraints on cigarette smoking.

The Constrained Court

Law, Politics, and the Decisions Justices Make

Author: Michael A. Bailey,Forrest Maltzman

Publisher: Princeton University Press

ISBN: 1400840260

Category: Law

Page: 216

View: 8428

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.

News That Matters

Television and American Opinion, Updated Edition

Author: Shanto Iyengar,Donald R. Kinder

Publisher: University of Chicago Press

ISBN: 9780226388601

Category: Political Science

Page: 216

View: 1546

Almost twenty-five years ago, Shanto Iyengar and Donald R. Kinder first documented a series of sophisticated and innovative experiments that unobtrusively altered the order and emphasis of news stories in selected television broadcasts. Their resulting book News That Matters, now hailed as a classic by scholars of political science and public opinion alike, is here updated for the twenty-first century, with a new preface and epilogue by the authors. Backed by careful analysis of public opinion surveys, the authors show how, despite changing American politics, those issues that receive extended coverage in the national news become more important to viewers, while those that are ignored lose credibility. Moreover, those issues that are prominent in the news stream continue to loom more heavily as criteria for evaluating the president and for choosing between political candidates. “News That Matters does matter, because it demonstrates conclusively that television newscasts powerfully affect opinion. . . . All that follows, whether it supports, modifies, or challenges their conclusions, will have to begin here.”—The Public Interest

Rights Talk

The Impoverishment of Political Discourse

Author: Mary Ann Glendon

Publisher: Simon and Schuster

ISBN: 1439108684

Category: Political Science

Page: 236

View: 4193

Political speech in the United States is undergoing a crisis. Glendon's acclaimed book traces the evolution of the strident language of rights in America and shows how it has captured the nation's devotion to individualism and liberty, but omitted the American traditions of hospitality and care for the community.

Rights at Work

Pay Equity Reform and the Politics of Legal Mobilization

Author: Michael W. McCann

Publisher: University of Chicago Press

ISBN: 9780226555720

Category: Law

Page: 358

View: 6291

What role has litigation played in the struggle for equal pay between women and men? In Rights at Work, Michael W. McCann explains how wage discrimination battles have raised public legal consciousness and helped reform activists mobilize working women in the pay equity movement over the past two decades. Rights at Work explores the political strategies in more than a dozen pay equity struggles since the late 1970s, including battles of state employees in Washington and Connecticut, as well as city employees in San Jose and Los Angeles. Relying on interviews with over 140 union and feminist activists, McCann shows that, even when the courts failed to correct wage discrimination, litigation and other forms of legal advocacy provided reformers with the legal discourse—the understanding of legal rights and their constraints—for defining and advancing their cause. Rights at Work offers new insight into the relation between law and social change—the ways in which grass roots social movements work within legal rights traditions to promote progressive reform.

Lawyers' Ethics and the Pursuit of Social Justice

A Critical Reader

Author: Susan D. Carle

Publisher: NYU Press

ISBN: 0814772749

Category: Law

Page: 425

View: 5118

Legal ethics should be far more than a set of rules on professional responsibility; they can serve as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Lawyers’ Ethics and the Pursuit of Social Justice broadens the discussion on legal ethics by first introducing the historical and theoretical background and then connecting it to real world issues while addressing lawyers' ethical obligations to work for social justice. The reader features differing critical approaches and opens up new avenues of ethical debate. While the literature included is diverse and interdisciplinary, it shares a vision of legal ethical inquiry as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Through a combination of provocative selections, lively writing, concrete examples of cases and social movements, and incisive editorial commentary, Lawyers ’Ethics and the Pursuit of Social Justice defines the emergence of an exciting new field of critical legal ethics scholarship.

Law as a Means to an End

Threat to the Rule of Law

Author: Brian Z. Tamanaha

Publisher: Cambridge University Press

ISBN: 1139459228

Category: Law

Page: N.A

View: 4666

The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

Law in America

A Short History

Author: Lawrence M. Friedman

Publisher: Modern Library

ISBN: 1588362507

Category: History

Page: 224

View: 1454

“Law in America is a little gem. It is a peerless introduction to our legal history—concise, clear, tellingly told, and beautifully written. The greatest living historian of American law has done it again.” —Stanley N. Katz, former president of the American Society for Legal History and the Organization of American Historians “All societies have laws, but neither all laws nor all legal systems are alike. No one has thought more deeply or written more clearly about the peculiar role of law in American life than Lawrence Friedman. In this trenchant, illuminating book, he distills a lifetime of scholarship and teaching into a concise and provocative explanation of the role that law has played in shaping the distinctive contours of American history and culture.” —David M. Kennedy, professor of history at Stanford University and author of Freedom from Fear Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.

Courts in Latin America

Author: Gretchen Helmke,Julio Rios-Figueroa

Publisher: Cambridge University Press

ISBN: 1139497162

Category: Political Science

Page: N.A

View: 5041

To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.

There Goes My Everything

White Southerners in the Age of Civil Rights, 1945-1975

Author: Jason Sokol

Publisher: Vintage

ISBN: 0307491811

Category: History

Page: 464

View: 6938

During the civil rights movement, epic battles for justice were fought in the streets, at lunch counters, and in the classrooms of the American South. Just as many battles were waged, however, in the hearts and minds of ordinary white southerners whose world became unrecognizable to them. Jason Sokol’s vivid and unprecedented account of white southerners’ attitudes and actions, related in their own words, reveals in a new light the contradictory mixture of stubborn resistance and pragmatic acceptance–as well as the startling and unexpected personal transformations–with which they greeted the enforcement of legal equality. From the Trade Paperback edition.

Institutions of American Democracy

Author: Kermit L. Hall,Kevin T. McGuire

Publisher: Oxford University Press

ISBN: 0199883742

Category: Political Science

Page: 624

View: 3788

In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.

Below the Radar

How Silence Can Save Civil Rights

Author: Alison L. Gash

Publisher: Oxford University Press

ISBN: 0190266309

Category: Political Science

Page: 280

View: 6126

In 1993, the nation exploded into anti-same sex marriage fervor when the Hawaii Supreme Court issued its decision to support marriage equality for gay and lesbian couples. Opponents feared that all children, but especially those raised by lesbian or gay couples, would be harmed by the possibility of same-sex marriage, and warned of the consequences for society at large. Congress swiftly enacted the Defense of Marriage Act, defining marriage as between a man and a woman, and many states followed suit. Almost a decade before the Hawaii court issued its decision, however, several courts in multiple states had granted gay and lesbian couples co-parenting status, permitting each individual in the couple to be legally recognized as joint parents over their children. By 2006, advocates in half the states had secured court decisions supporting gay and lesbian co-parenting, and incurred far fewer public reprisals than on the marriage front. What accounts for the stark difference in reactions to two contemporaneous same-sex family policy fights? In Below the Radar, Alison Gash argues that advocacy visibility has played a significant role in determining whether advocacy efforts become mired in conflict or bypass hostile backlash politics. Same-sex parenting advocates are not alone in crafting low-visibility advocacy strategies to ward off opposition efforts. Those who operate, reside in, and advocate for group homes serving individuals with disabilities have also used below-the-radar strategies to diminish the damage cause by NIMBY ("not in my back yard") responses to their requests to move into single-family neighborhoods. Property owners have resorted to slander, subterfuge, or even arson to discourage group homes from locating in their neighborhoods, and for some advocates, secrecy provides the best elixir. Not every fight for civil rights grabs headlines, but sometimes, this is by design. Gash's groundbreaking analyses of these strategies provide a glimpse of the prophylactic and palliative potential of low-visibility advocacy.

The Politics of Rights

Lawyers, Public Policy, and Political Change

Author: Stuart A. Scheingold

Publisher: University of Michigan Press

ISBN: 9780472025534

Category: Political Science

Page: 280

View: 8993

Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies. "Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion." -Gerald N. Rosenberg, University of Chicago "This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic." -Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

The Behavior of Federal Judges

Author: Lee Epstein,William M Landes,Richard A Posner

Publisher: Harvard University Press

ISBN: 0674070682

Category: Law

Page: 440

View: 9855

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.

The Supreme Court and the Attitudinal Model Revisited

Author: Jeffrey A. Segal,Harold J. Spaeth

Publisher: Cambridge University Press

ISBN: 9780521789714

Category: Law

Page: 459

View: 4761

Two leading scholars of the Supreme Court explain and predict its decision making.

The Expressive Powers of Law

Theories and Limits

Author: Richard H. McAdams

Publisher: Harvard University Press

ISBN: 0674967208

Category: Law

Page: N.A

View: 5514

Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.