The Hollow Hope

Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
ISBN: 0226726681
Size: 52.28 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.

Rights At Work

Author: Michael W. McCann
Publisher: University of Chicago Press
ISBN: 9780226555720
Size: 65.15 MB
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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.

Confirmation Wars

Author: Benjamin Wittes
Publisher: Rowman & Littlefield Publishers
ISBN: 144220155X
Size: 76.90 MB
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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.

Deciding To Decide

Author: H. W. Perry
Publisher: Harvard University Press
ISBN: 9780674042063
Size: 69.32 MB
Format: PDF, Mobi
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Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

Learning While Governing

Author: Sean Gailmard
Publisher: University of Chicago Press
ISBN: 0226924408
Size: 33.55 MB
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Although their leaders and staff are not elected, bureaucratic agencies have the power to make policy decisions that carry the full force of the law. In this groundbreaking book, Sean Gailmard and John W. Patty explore an issue central to political science and public administration: How do Congress and the president ensure that bureaucratic agencies implement their preferred policies? The assumption has long been that bureaucrats bring to their positions expertise, which must then be marshaled to serve the interests of a particular policy. In Learning While Governing, Gailmard and Patty overturn this conventional wisdom, showing instead that much of what bureaucrats need to know to perform effectively is learned on the job. Bureaucratic expertise, they argue, is a function of administrative institutions and interactions with political authorities that collectively create an incentive for bureaucrats to develop expertise. The challenge for elected officials is therefore to provide agencies with the autonomy to do so while making sure they do not stray significantly from the administration’s course. To support this claim, the authors analyze several types of information-management processes. Learning While Governing speaks to an issue with direct bearing on power relations between Congress, the president, and the executive agencies, and it will be a welcome addition to the literature on bureaucratic development.

Power Without Persuasion

Author: William G. Howell
Publisher: Princeton University Press
ISBN: 9780691102696
Size: 39.77 MB
Format: PDF, Mobi
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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

Author: Martha A. Derthick
Publisher: SAGE
ISBN: 1483304647
Size: 54.20 MB
Format: PDF
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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 Nature Of Supreme Court Power

Author: Matthew E. K. Hall
Publisher: Cambridge University Press
ISBN: 1139495399
Size: 71.89 MB
Format: PDF, ePub
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Few institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power.

Urban Lawyers

Author: John P. Heinz
Publisher: University of Chicago Press
ISBN: 9780226325408
Size: 50.50 MB
Format: PDF
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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.