The Hollow Hope: Can Courts Bring about Social Change? / Edition 2

The Hollow Hope: Can Courts Bring about Social Change? / Edition 2

by Gerald N. Rosenberg
     
 

ISBN-10: 0226726711

ISBN-13: 9780226726717

Pub. Date: 05/28/2008

Publisher: University of Chicago Press

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,

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Overview

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 reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown v. Board of Education to advance desegregation, while pro-choice activists invested too much in Roe v. Wade 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, this new edition of The Hollow Hope promises to reignite for a new generation the national debate sparked by the first edition.

About the Author:
Gerald N. Rosenberg is associate professor of political science and lecturer of law at the University of Chicago

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Product Details

ISBN-13:
9780226726717
Publisher:
University of Chicago Press
Publication date:
05/28/2008
Series:
American Politics and Political Economy Series
Edition description:
Second Edition
Pages:
534
Sales rank:
473,915
Product dimensions:
6.00(w) x 9.00(h) x 1.40(d)

Table of Contents

List of Tables and Figures     ix
Preface to the Second Edition     xi
Preface to the First Edition     xiii
Introduction     1
The Dynamic and the Constrained Court     9
Civil Rights
Introduction     39
Bound for Glory? Brown and the Civil Rights Revolution     42
Constraints, Conditions, and the Courts     72
Planting the Seeds of Progress?     107
The Current of History     157
Abortion and Women's Rights
Introduction     173
Transforming Women's Lives? The Courts and Abortion     175
Liberating Women? The Courts and Women's Rights     202
The Court as Catalyst?     228
The Tide of History     247
The Environment, Reapportionment, and Criminal Law
Introduction     269
Cleaning House? The Courts, the Environment, and Reapportionment     271
Judicial Revolution? Litigation to Reform the Criminal Law     304
Same-Sex Marriage
Introduction     339
You've Got That Loving Feeling? The Litigation Campaign for Same-Sex Marriage     342
Confusing Rights with Reality: Litigation for Same-Sex Marriage and the Counter-Mobilization of Law     355
Conclusion: The Fly-Paper Court     420
Epilogue     430
Appendices
Black Children in Elementary and Secondary School with Whites: 1954-72     433
Blacks at Predominantly White Public Colleges and Universities     436
Black Voter Registration in the Southern States: Pre- and Post-Voting Rights Act     437
Laws and Actions Designed to Preserve Segregation     438
Method for Obtaining Information for Table 4.1 and Figure 4.1     440
Illegal Abortions     441
Method for Obtaining Information for Tables 8.1A, 8.1B, 8.2A, and 8.2B, and for Figures 8.1 and 8.2     444
Coding Rules and Methods for Obtaining Information for Tables 13.3, 13.4, 13.5, 13.6, and 13.7     446
Case References     449
References     457
Index     513

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