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Author: Gerald N. Rosenberg Publisher: University of Chicago Press ISBN: 0226726681 Category : Political Science Languages : en Pages : 541
Book Description
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.
Author: Gerald N. Rosenberg Publisher: University of Chicago Press ISBN: 0226726681 Category : Political Science Languages : en Pages : 541
Book Description
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.
Author: Christian R. Grose Publisher: Cambridge University Press ISBN: 1139497367 Category : Political Science Languages : en Pages : 257
Book Description
The symbolic importance of Barack Obama's election is without question. But beyond symbolism, does the election of African-American politicians matter? Grose argues that it does and presents a unified theory of representation. Electing African-American legislators yields more federal dollars and congressional attention directed toward African-American voters. However, race and affirmative action gerrymandering have no impact on public policy passed in Congress. Grose is the first to examine a natural experiment and exceptional moment in history in which black legislators – especially in the U.S. South – represented districts with a majority of white constituents. This is the first systematic examination of the effect of a legislator's race above and beyond the effect of constituency racial characteristics. Grose offers policy prescriptions, including the suggestion that voting rights advocates, the courts, and redistricters draw 'black decisive districts', electorally competitive districts that are likely to elect African Americans.
Author: Gerald N. Rosenberg Publisher: Cambridge University Press ISBN: 1108474500 Category : Law Languages : en Pages : 377
Book Description
Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
Author: Gerald N. Rosenberg Publisher: University of Chicago Press ISBN: 022631250X Category : Law Languages : en Pages : 736
Book Description
Presents a powerful argument for the limitations of judicial action to support significant social reform—now updated with new data and analysis. Since its first publication in 1991, The Hollow Hope has spurred debate and challenged assumptions on both the left and the right about the ability of courts to bring about durable political and social change. What Gerald N. Rosenberg argued then, and what he confirms today through new evidence in this edition, is that it is nearly impossible to generate significant reforms through litigation: American courts are ineffective and relatively weak, far from the uniquely powerful sources for change they are often portrayed to be. This third edition includes new data and a substantially updated analysis of civil rights, abortion rights and access, women’s rights, and marriage equality. Addressing changes in the political and social environment, Rosenberg draws lessons from the re-segregation of public schools, victories in marriage equality, and new obstacles to abortion access. Through these and other cases, the third edition confirms the power of the book’s original explanatory framework and deepens our understanding of the limits of judicial action in support of social reform, as well as the conditions under which courts do produce change. Up-to-date, thorough, and thought-provoking, The Hollow Hope remains vital reading.
Author: Gerald N. Rosenberg Publisher: University of Chicago Press ISBN: 9780226727028 Category : Law Languages : en Pages : 425
Book Description
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
Author: Anthony D Cooling Publisher: University of Michigan Press ISBN: 0472220667 Category : Political Science Languages : en Pages : 373
Book Description
The U.S. Supreme Court increasingly matters in American political life when those across the political spectrum look at the Court for relief from policies they oppose and as another venue for advancing their own policy agendas. However, the evidence is mounting, to include this book in a big way, that courts are more of a sideshow to the culture war. While court decisions, especially Supreme Court decisions, do have importance, the decisions emanating from the Court reflect social, cultural, and political change that occurred long prior to their decision ever being made. This book tests how much political and social change has been made primarily through Gerald Rosenberg’s framework from his seminal work, The Hollow Hope: Can Courts Bring About Social Change, but it also utilizes Daniel Elazar’s Political Culture Theory to explain state level variations in political and social change. The findings indicate that while courts are not powerless institutions, reformers will not have success unless supported by the public and the elected branches, and most specifically, that preexisting state culture is a determining factor in the amount of change courts make. In short, federalism still matters.
Author: Laura Beth Nielsen Publisher: Routledge ISBN: 1351879790 Category : Law Languages : en Pages : 648
Book Description
This important volume examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. As such the volume includes articles and essays by political scientists, historians, lawyers, and sociologists which place the study of ordinary citizens' understandings of rights, and what actions they take based on that knowledge, at the forefront of an empirical research agenda. This has important implications for law's capacity to achieve social change and can lead to better understanding of how rights can and should operate in a social and legal system. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opportunities for exercising rights.
Author: William A. Bogart Publisher: University of Toronto Press ISBN: 9780802084569 Category : Law Languages : en Pages : 428
Book Description
A timely and erudite investigation of the impact of law on societies, and how this excessive reliance on law, particularly litigation, has generated difficulties in achieving consensus regarding issues of domestic policy.
Author: Roger C. Hartley Publisher: Vanderbilt University Press ISBN: 0826503969 Category : Law Languages : en Pages : 331
Book Description
Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year? This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA "failed" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War. Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.
Author: Austin Sarat Publisher: Emerald Group Publishing ISBN: 1848559305 Category : Law Languages : en Pages : 186
Book Description
Rights and rights talk have a long and storied history and have occupied a crucial place in the ideology of liberal legalism. With the development of Critical Legal Studies in the 1970s and 80s, rights were subject to extensive critique. This work takes stock of the field, charts its progress and points the way for its future development.
Author: Gerald N. Rosenberg
Author: Gerald N. Rosenberg
Author: Christian R. Grose
Author: Gerald N. Rosenberg
Author: Gerald N. Rosenberg
Author: Gerald N. Rosenberg
Author: Anthony D Cooling
Author: Laura Beth Nielsen
Author: William A. Bogart
Author: Roger C. Hartley
Author: Austin Sarat