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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? Ame...
Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
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 righ...
These essays present an array of views about the meaning of equality and provide perspectives on the on-going debates about it. The collection presents a range of opinions and insights that speak to America's ability to define and deal with the politics of equality.
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
Each year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This third volume in Palgrave’s SCOTUS series describes, explains, and contextualizes the landmark cases of the US Supreme Court in the term ending 2020. With a close look at cases involving key issues and debates in American politics and society, SCOTUS 2020 tackles the Court’s rulings on LGBT discrimination, abortion regulation, subpoenas of the Trump administration, the Electoral College, DACA and presidential power, Native rights, cross-border rights, the Second Amendment, church and state, separation of powers, criminal justice, and more. Written by notable scholars in political science and law, the chapters in SCOTUS 2020 present the details of each ruling, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2020 offers an analysis of the current state of ideological and interpretive divisions on the Court.
This book provides a comprehensive analysis of American public opinion on the key constitutional controversies of the twentieth century: desegregation, school prayer, abortion, the death penalty, gay rights, and national security, to name just a few. It examines each controversy, explaining how public attitudes have shifted over time, especially in the wake of prominent Supreme Court decisions.
A state-of-the-art meditation on relations, theoretical and practical, among a familiar triad of themes: comunitarianism, liberalism, and democracy. --American Political Science Review A collection of distinguished contributors, from a wide range of disciplines, examine the implications of the resurgence of interest in community. The chapters in Democratic Community consider the fundamental issues that divide liberals and communitarians, as well as the structure of communities, the roles of freedom and democratic institutions in sustaining one another, the place of a democratic civil society in a democratic polity, and the contributions of feminist thinking. This thirty-fifth volume in the A...
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 studi...