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: 8038

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.
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Building the Judiciary

Law, Courts, and the Politics of Institutional Development

Author: Justin Crowe

Publisher: Princeton University Press

ISBN: 1400842573

Category: Political Science

Page: 328

View: 3149

How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
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Democratic Laboratories

Policy Diffusion Among the American States

Author: Andrew Karch

Publisher: University of Michigan Press

ISBN: 9780472069682

Category: Political Science

Page: 272

View: 2176

"Observers have long marveled at the spread of ideas and policies from state to state in American democracy. But why and how do politicians, professionals, and citizens in one state take inspiration from national policy debates and imitate, resist, and rework legislative models from other states? For the first time in this important new book, Andrew Karch analyzes in depth the process of policy 'diffusion' across the states, offering a nuanced and powerful framework to explain one of the most important and recurrent features of U.S. politics." ---Theda Skocpol, Victor S. Thomas Professor of Government and Sociology, Harvard University "Karch does two things with remarkable skill. First, he makes sense of the copious literature on policy diffusion and extends that literature in a very fruitful way. Second, he conducts the most thorough and methodologically sound empirical study of policy diffusion to date, using both qualitative and quantitative analysis. This book is so well written and thoughtful that it will likely stimulate a whole new wave of study of state policy and its diffusion." ---Chris Mooney, editor of State Politics and Policy Quarterly "Democratic Laboratories goes beyond standard 'diffusion of innovation' approaches to analyze the complex interaction of interstate and intrastate political forces that shapes policy change. The book is a major contribution to the study of American federalism---and a very good read." ---Kent Weaver, Brookings Institution "Andrew Karch has something new and important to say about the states as laboratories of democracies. In his masterful account we learn about the actual process of diffusion of recent health and welfare policy reforms. " ---Virginia Gray, University of North Carolina, Chapel Hill "Democratic Laboratories is the seminal work on policy diffusion among the American states. Rigorously designed and well written, it is the new starting place for anyone interested in this important topic. The findings are copious and loaded with insights into the future of this valuable research." ---Harrell Rodgers, Professor and Chair, Department of Political Science, University of Houston Andrew Karch is Assistant Professor of Government at the University of Texas at Austin.
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Imperfect Union

Representation and Taxation in Multilevel Governments

Author: Christopher R. Berry

Publisher: Cambridge University Press

ISBN: 0521764734

Category: Business & Economics

Page: 255

View: 4377

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.
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Politics and Politicians in American Film

Author: Phillip L. Gianos

Publisher: Greenwood Publishing Group

ISBN: 9780275967666

Category: Performing Arts

Page: 212

View: 2267

Examines some of the greatest American films ever made to see what they say about politics and politicians, and what these films, in turn, say about the audience for which they were produced.
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Up in Smoke

From Legislation to Litigation in Tobacco Politics

Author: Martha A. Derthick

Publisher: SAGE

ISBN: 1483304647

Category: Political Science

Page: 280

View: 1167

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.
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Confirmation Wars

Preserving Independent Courts in Angry Times

Author: Benjamin Wittes

Publisher: Rowman & Littlefield Publishers

ISBN: 144220155X

Category: Political Science

Page: 182

View: 3641

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.
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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: 2083

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
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Rights Talk

The Impoverishment of Political Discourse

Author: Mary Ann Glendon

Publisher: Simon and Schuster

ISBN: 1439108684

Category: Political Science

Page: 236

View: 1280

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.
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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: 8041

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.
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Power Without Persuasion

The Politics of Direct Presidential Action

Author: William G. Howell

Publisher: Princeton University Press

ISBN: 9780691102696

Category: Political Science

Page: 239

View: 9642

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.
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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: 5906

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.
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Urban Lawyers

The New Social Structure of the Bar

Author: John P. Heinz

Publisher: University of Chicago Press

ISBN: 9780226325408

Category: Law

Page: 376

View: 4887

Over the past several decades, the number of lawyers in large cities has doubled, women have entered the bar at an unprecedented rate, and the scale of firms has greatly expanded. This immense growth has transformed the nature and social structure of the legal profession. In the most comprehensive analysis of the urban bar to date, Urban Lawyers presents a compelling portrait of how these changes continue to shape the field of law today. Drawing on extensive interviews with Chicago lawyers, the authors demonstrate how developments in the profession have affected virtually every aspect of the work and careers of urban lawyers-their relationships with clients, job tenure and satisfaction, income, social and political values, networks of professional connections, and patterns of participation in the broader community. Yet despite the dramatic changes, much remains the same. Stratification of income and power based on gender, race, and religious background, for instance, still maintains inequality within the bar. The authors of Urban Lawyers conclude that organizational priorities will likely determine the future direction of the legal profession. And with this landmark study as their guide, readers will be able to make their own informed predictions.
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Girls on the Stand

How Courts Fail Pregnant Minors

Author: Helena Silverstein

Publisher: NYU Press

ISBN: 0814740731

Category: Law

Page: 256

View: 7860

Choice Outstanding Academic Title for 2008 The U.S. Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a &#“bypass” of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions. Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audacious acts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings. Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naïve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.
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The Choices Justices Make

Author: Lee Epstein,Jack Knight

Publisher: SAGE

ISBN: 148330485X

Category: Political Science

Page: 224

View: 934

The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.
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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: 2123

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.
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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: 3703

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.
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The Expressive Powers of Law

Theories and Limits

Author: Richard H. McAdams

Publisher: Harvard University Press

ISBN: 0674967208

Category: Law

Page: N.A

View: 4771

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.
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Below the Radar

How Silence Can Save Civil Rights

Author: Alison L. Gash

Publisher: Studies in Postwar American Po

ISBN: 0190201150

Category: Political Science

Page: 260

View: 6215

Scholars and pundits have come to expect backlash to civil rights battles, especially when courts are involved. Drawing from interviews with advocates and opponents, this book introduces readers to two sets of civil rights battles in which advocates devised strategies to remain 'under the radar' and away from the prying eyes of a volatile public. In so doing they diminished both the incidence and influence of backlash.
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