Courts And Social Policy

Author: Donald L. Horowitz
Publisher: Brookings Institution Press
ISBN: 9780815707318
Size: 78.65 MB
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In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests various improvements, but warns against changes that might impair the traditional strengths of the judicial process.

The Courts And Social Policy In The United States

Author: Daniel Butt
Publisher:
ISBN:
Size: 42.22 MB
Format: PDF, Kindle
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A report intended to provide both a record of, and a critical response to, the joint seminar held in Aspen in July 2007 by the Aspen Institute Justice and Society Program and The Foundation for Law, Justice and Society (FLJS). The seminar brought together participants from a wide range of relevant backgrounds to discuss issues relating to the role of the courts in the public policy process, with a specific focus on the US judiciary.

The Hollow Hope

Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
ISBN: 0226726681
Size: 69.99 MB
Format: PDF
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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.

No Longer Disabled

Author: Susan Gluck Mezey
Publisher: ABC-CLIO
ISBN: 0313254249
Size: 41.47 MB
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This book focuses on the Reagan administration's broad attempt from 1980 to 1984 to strike thousands of Social Security disability recipients from government rolls. . . . Mezey] enriches her study with a brief history of federal disability policy and provides a review of contending arguments over public policy and judicial activism. Of particular interest is the legal battle over the medical criteria used for determining desability and the SSA's deliberate policy of nonacquiescence when confronted with adverse judicial rulings. . . . A well-documented and valuable addition to case studies on the Reagan administration's efforts to cut human services. "Choice" This book is a case study of judicial policy making. It focuses on the role of adjudication in the making and refining of federal policy. It goes beyond the scope of most treatments of social security and the disability policy to examine the stages of judicial review and subsequent legislative and bureaucratic responses to adjudication. It then proceeds to analyze the resulting changes in legislative policies. The study is devoted to two themes. First, it provides an opportunity for empirical analysis of the role of the lower federal courts in the policy making arena; second, it examines the role of litigation as a political activity. This issue serves as a timely opportunity to explore the impact of federal courts on bureaucratic and congressional policies by focusing on the interactions of institutions involved in the disability policy-making process. By examining the effects of the courts on social policy, this case study offers new perspectives on the role of the federal courts in the political system.

Supreme Courts And Judicial Law Making

Author: Edward McWhinney
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024732036
Size: 40.73 MB
Format: PDF
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This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of Justice & Specific Problems. Added features of this publication include a list of abbreviations, an extensive glossary, maps, & charts. This book is an offprint of the International Encyclopaedia of Laws: Constitutional Law .

Educational Adequacy And The Courts

Author: Elaine M. Walker
Publisher: ABC-CLIO
ISBN: 1851095357
Size: 41.22 MB
Format: PDF, Docs
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The first work of its kind to present a comprehensive survey of landmark court decisions on educational adequacy and equity claims and their impact on public school reform. * Coverage of pivotal court decisions such as Abbott v. Burke, Rose v. Council of Education, and Alabama Coalition for Equity, Inc. v. Hunt * Directory of organizations, associations, and agencies involved in educational adequacy issues and school reform

The Civil Rights Of Homeless People

Author: Madeleine R. Stoner
Publisher: Transaction Publishers
ISBN: 9780202364780
Size: 17.98 MB
Format: PDF, Kindle
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Stoner's new book examines the collaboration between the human services and legal professions, as both deal with the complex and interrelated problems of homeless people. In surveying numerous class action lawsuits tried on behalf of the homeless, the author takes up such client-centered issues as rights to housing, minimum standards of health and welfare, education, family preservation, education, and voting. Her book will assist practitioners in their advocacy on behalf of homeless clients, while serving as a text for courses in social policy formulation and implementation.