Democracy by Decree: What Happens When Courts Run Government / Edition 1

Democracy by Decree: What Happens When Courts Run Government / Edition 1

by Ross Sandler, David Schoenbrod
     
 

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

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Overview

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

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Product Details

ISBN-13:
9780300103144
Publisher:
Yale University Press
Publication date:
09/06/2004
Edition description:
New Edition
Pages:
290
Product dimensions:
5.50(w) x 8.50(h) x 0.65(d)

Table of Contents

Preface
Introduction: The Legal Hook1
1How Courts Came to Govern13
2How Congress Creates Rights: A Case Study35
3How Courts Enforce Rights: A Case Study45
4Something New Is Going On In Court98
5How Court Management Works113
6A Good Thing Gone Wrong139
7Why the Wrong Thing Continues162
8Road to Reform183
9New Principles193
Summary and Conclusion223
Appendix229
Notes239
Acknowledgments269
Index275

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