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The Hollow Hope: Can Courts Bring about Social Change? (American Politics and Political Economy)by Gerald N. Rosenberg
Synopses & Reviews
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenbergand#8217;s criticsand#8212;not to mention his supportersand#8212;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.
and#160;and#160;and#160;and#160;and#160;and#160;and#160;and#160;and#160;and#160;and#160; Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that itand#8217;s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weakand#8212;far from the uniquely powerful sources for change theyand#8217;re often portrayed as.and#160;Rosenberg supports this claim by documenting the direct and secondary effects of key court decisionsand#8212;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.
and#160;and#160;and#160;and#160;and#160;and#160;and#160;and#160;and#160;and#160;and#160; 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.
About the Author
Gerald Rosenberg is associate professor of political science and lecturer of law at the University of Chicago. He is a member of the Washington, D.C., bar.
Table of Contents
List of Tables and Figuresand#160;and#160;and#160;and#160;and#160;and#160;and#160;and#160;
Preface to the Second Editionand#160;and#160;and#160;and#160;
Preface to the First Edition
1. The Dynamic and the Constrained Court
Part 1and#160; and#183;and#160; Civil Rights
2. Bound for Glory? Brown and the Civil Rights Revolution
3. Constraints, Conditions, and the Courts
4. Planting the Seeds of Progress?
5. The Current of History
Part 2and#160; and#183;and#160; Abortion and Womenand#8217;s Rights
6. Transforming Womenand#8217;s Lives? The Courts and Abortion
7. Liberating Women? The Courts and Womenand#8217;s Rights
8. The Court as Catalyst?
9. The Tide of History
Part 3and#160; and#183;and#160; The Environment, Reapportionment, and Criminal Law
10. Cleaning House? The Courts, the Environment, and Reapportionment
11. Judicial Revolution? Litigation to Reform the Criminal Law
Part 4and#160; and#183;and#160; Same-Sex Marriage
12. Youand#8217;ve Got That Loving Feeling? The Litigation Campaign for Same-Sex Marriage
13. Confusing Rights with Reality: Litigation for Same-Sex Marriage and the Counter-Mobilization of Law
14. Conclusion: The Fly-Paper Court
1. Black Children in Elementary and Secondary School with Whites: 1954and#8211;72
2. Blacks at Predominantly White Public Colleges and Universities
3. Black Voter Registration in the Southern States: Pre- and Post-Voting Rights Act
4. Laws and Actions Designed to Preserve Segregation
5. Method for Obtaining Information for Table 4.1 and Figure 4.1
6. Illegal Abortions
7. Method for Obtaining Information for Tables 8.1A, 8.1B, 8.2A, and 8.2B, and for Figures 8.1 and 8.2
8. Coding Rules and Methods for Obtaining Information for Tables 13.3, 13.4, 13.5, 13.6, and 13.7
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