Synopses & Reviews
This valuable book explains why schools, welfare agencies, and other important state and local institutions have come to be controlled by attorneys and judges rather than by governors and mayors. The authors discuss why this has resulted in worse service to the public and what can be done to restore control of these programs to elected—and accountable—officials.
“A brilliant, well-written and brave account of how federal courts have distorted our political system by taking control of complex institutions like schools and prisons—sometimes for decades—instead of enforcing rights, which is their proper domain.”
—Diane Ravitch, New York University
“A thought-provoking book about the fundamental issues of democracy, federalism, and separation of powers.”—Ross Weiner, Legal Times
“This book shows how well-meaning efforts to fix society’s problems often fail because the judiciary is badly equipped to enforce such changes.”—Jonathan Shapiro, Washington Post
“An elegant volume.”—Harvard Law Review
Ross Sandler is professor of law and director of New York Law School’s Center for New York City Law. David Schoenbrod is a professor at New York Law School and author of Power Without Responsibility: How Congress Abuses the People through Delegation, published by Yale University Press.
Review
"Perhaps one of the decade's most important books on governance".
(George Will, Newsweek)
Review
and#8220;A compelling story with a powerful argument backed by lots of fascinating stories about judicial shipwrecks.and#8221;and#8212;James B. Jacobs, New York University School of Law
Review
"Democracy by Decree shows how courts can protect rights and still let mayors and governors do their job.and#8221;and#8212;John Sexton, president of NYU and dean of NYU Law School
Review
and#8220;A brilliant, well-written and brave account of how federal courts have distorted our political system by taking control of complex institutions like schools and prisons--sometimes for decades--instead of enforcing rights, which is their proper domain.and#8221;
--Diane Ravitch, New York University
Synopsis
This valuable book explains why schools, welfare agencies, and other important state and local institutions have come to be controlled by attorneys and judges rather than by governors and mayors. The authors discuss why this has resulted in worse service to the public and what can be done to restore control of these programs to electedand#8212;and accountableand#8212;officials.
and#8220;A brilliant, well-written and brave account of how federal courts have distorted our political system by taking control of complex institutions like schools and prisonsand#8212;sometimes for decadesand#8212;instead of enforcing rights, which is their proper domain.and#8221;and#8212;Diane Ravitch, New York University
and#8220;A thought-provoking book about the fundamental issues of democracy, federalism, and separation of powers.and#8221;and#8212;Ross Weiner, Legal Times
and#8220;This book shows how well-meaning efforts to fix societyand#8217;s problems often fail because the judiciary is badly equipped to enforce such changes.and#8221;and#8212;Jonathan Shapiro, Washington Post
and#8220;An elegant volume.and#8221;and#8212;Harvard Law Review
Synopsis
Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are actually controlled by attorneys and judges rather than governors and mayors. In this valuable book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected--and accountable--officials.
Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through court decrees. These court regimes, they assert, impose rigid and often ancient detailed plans that can founder on reality. Newly elected officials, who may wish to alter the plans in response to the changing wishes of voters, cannot do so unless attorneys, court-appointed functionaries, and lower-echelon officials agree. The result is neither judicial government nor good government, say Sandler and Schoenbrod, and they offer practical reforms that would set governments free from this judicial stranglehold, allow courts to do their legitimate job of protecting rights, and strengthen democracy.
About the Author
Ross Sandler is professor of law and director of New York Law School’s Center for New York City Law.
David Schoenbrod is a professor at New York Law School and author of
Power Without Responsibility: How Congress Abuses the People through Delegation, published by Yale University Press.
CITATION: "Perhaps one of the decade's most important books on governance".(George Will, Newsweek)