Courts And Social Policy

Download Courts And Social Policy full books in PDF, epub, and Kindle. Read online Courts And Social Policy ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

The Courts and Social Policy

Author : Donald L. Horowitz
Publisher : Brookings Institution Press
ISBN 13 : 9780815707318
Total Pages : 324 pages
Book Rating : 4.7/5 (73 download)

DOWNLOAD NOW!

Book Synopsis The Courts and Social Policy by : Donald L. Horowitz

Download or read book The Courts and Social Policy written by Donald L. Horowitz and published by Brookings Institution Press. This book was released on 2010-12-10 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The Hollow Hope

Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
ISBN 13 : 0226726681
Total Pages : 541 pages
Book Rating : 4.2/5 (267 download)

DOWNLOAD NOW!

Book Synopsis The Hollow Hope by : Gerald N. Rosenberg

Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Social Policy and Policymaking by the Branches of Government and the Public-at-Large

Author : Theodore J. Stein
Publisher : Columbia University Press
ISBN 13 : 9780231529181
Total Pages : 536 pages
Book Rating : 4.5/5 (291 download)

DOWNLOAD NOW!

Book Synopsis Social Policy and Policymaking by the Branches of Government and the Public-at-Large by : Theodore J. Stein

Download or read book Social Policy and Policymaking by the Branches of Government and the Public-at-Large written by Theodore J. Stein and published by Columbia University Press. This book was released on 2001-03-08 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential resource for students of social policy and social welfare as well as for social welfare practitioners and other human services professionals, this text examines the policymaking activity of the different branches of the American government and of the public-at-large as well as the interactions between the branches of government and the general public in the formation and implementation of social policy. In addition to examining the role of the legislative and executive branches of government, Theodore J. Stein covers the often-overlooked role of the judiciary in policymaking. He addresses the ways social welfare practitioners should interpret (1) conflicting judicial rulings in cases where courts of equal jurisdiction rule differently on the same matter and (2) judicial rulings that signal significant changes in the law. The book looks at politics, practice, and implementation and provides a historical background of social policy and social work practice plus a wealth of descriptive and analytic information concerning policymaking processes, specific social policies, and the effect of social policy on social programs.

Judicial Policy Making and the Modern State

Author : Malcolm M. Feeley
Publisher : Cambridge University Press
ISBN 13 : 9780521777346
Total Pages : 516 pages
Book Rating : 4.7/5 (773 download)

DOWNLOAD NOW!

Book Synopsis Judicial Policy Making and the Modern State by : Malcolm M. Feeley

Download or read book Judicial Policy Making and the Modern State written by Malcolm M. Feeley and published by Cambridge University Press. This book was released on 2000-03-28 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates the role of federal judges in prison reform, and policy making in general.

Weak Courts, Strong Rights

Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)

DOWNLOAD NOW!

Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet

Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Courting Social Justice

Author : Varun Gauri
Publisher : Cambridge University Press
ISBN 13 : 9780521145169
Total Pages : 384 pages
Book Rating : 4.1/5 (451 download)

DOWNLOAD NOW!

Book Synopsis Courting Social Justice by : Varun Gauri

Download or read book Courting Social Justice written by Varun Gauri and published by Cambridge University Press. This book was released on 2010-03-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.

The Politics of Court Reform

Author : Melissa Crouch
Publisher : Cambridge University Press
ISBN 13 : 1108493467
Total Pages : 449 pages
Book Rating : 4.1/5 (84 download)

DOWNLOAD NOW!

Book Synopsis The Politics of Court Reform by : Melissa Crouch

Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2019-09-19 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Policy Change, Courts, and the Canadian Constitution

Author : Emmett Macfarlane
Publisher : University of Toronto Press
ISBN 13 : 1487523157
Total Pages : 461 pages
Book Rating : 4.4/5 (875 download)

DOWNLOAD NOW!

Book Synopsis Policy Change, Courts, and the Canadian Constitution by : Emmett Macfarlane

Download or read book Policy Change, Courts, and the Canadian Constitution written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2018-01-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

Social Policy and Social Justice

Author : Michael Reisch
Publisher : Cognella Academic Publishing
ISBN 13 : 9781516592661
Total Pages : pages
Book Rating : 4.5/5 (926 download)

DOWNLOAD NOW!

Book Synopsis Social Policy and Social Justice by : Michael Reisch

Download or read book Social Policy and Social Justice written by Michael Reisch and published by Cognella Academic Publishing. This book was released on 2019-08-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing the breadth of a standard text and the depth of a contributed volume, Social Policy and Social Justice: Meeting the Challenges of a Diverse Society is built on a clear, conceptual social justice framework and provides up-to-date analyses of contemporary social policy issues, written by experts in their particular areas of research and practice. The book uses case studies and rigorous analysis to explore the relationship of social policy to economic, social, and culture transformation and the ongoing conflict between universal and population-specific conceptions of social welfare. The third edition addresses recent dramatic changes in social policy. It includes an assessment of policies adopted by the Obama administration, policy changes proposed and implemented by the Trump administration and Congress related to the country's social welfare system, and the effects of the Trump administration's immigration and criminal justice policies on communities of color. The #MeToo and Black Lives Matter movements, recent changes in the electoral landscape, and timely Supreme Court decisions are also addressed. Additionally, the text considers the future of Social Security and Medicare, employment policies, health and mental health policies, and more. Throughout, the text explores the impact of economic and social changes on conceptions of need and helping, the role of social policies and social services in promoting or preventing social and political change, and the ways in which cultural, racial, ethnic, gender, and religious identity affect the development and implementation of social policies. Social Policy and Social Justice is ideal for undergraduate and graduate social work courses, as well as classes in cognate fields such as nursing, public policy, and political science. For a look at the specific features and benefits of Social Policy and Social Justice, visit cognella.com/social-policy-and-social-justice-features-and-benefits.

How Policy Shapes Politics

Author : Jeb Barnes
Publisher : Studies in Postwar American Po
ISBN 13 : 0199756112
Total Pages : 273 pages
Book Rating : 4.1/5 (997 download)

DOWNLOAD NOW!

Book Synopsis How Policy Shapes Politics by : Jeb Barnes

Download or read book How Policy Shapes Politics written by Jeb Barnes and published by Studies in Postwar American Po. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'global rise of judicial power' has been called one of the most significant developments in late twentieth and early twenty-first-century politics. In this book, Jeb Barnes and Thomas F. Burke examine the political consequences of 'judicialization' - the growing reliance on courts, rights and litigation in public policy - by analyzing the field of injury compensation, in which judicialized and bureaucratized programmes operate side-by-side.

Courts, Law, and Politics in Comparative Perspective

Author : Herbert Jacob
Publisher : Yale University Press
ISBN 13 : 9780300063790
Total Pages : 420 pages
Book Rating : 4.0/5 (637 download)

DOWNLOAD NOW!

Book Synopsis Courts, Law, and Politics in Comparative Perspective by : Herbert Jacob

Download or read book Courts, Law, and Politics in Comparative Perspective written by Herbert Jacob and published by Yale University Press. This book was released on 1996-01-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

Judging Inequality

Author : James L. Gibson
Publisher : Russell Sage Foundation
ISBN 13 : 161044907X
Total Pages : 379 pages
Book Rating : 4.6/5 (14 download)

DOWNLOAD NOW!

Book Synopsis Judging Inequality by : James L. Gibson

Download or read book Judging Inequality written by James L. Gibson and published by Russell Sage Foundation. This book was released on 2021-08-31 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

Judging Law and Policy

Author : Robert M. Howard
Publisher :
ISBN 13 : 9780415885256
Total Pages : 0 pages
Book Rating : 4.8/5 (852 download)

DOWNLOAD NOW!

Book Synopsis Judging Law and Policy by : Robert M. Howard

Download or read book Judging Law and Policy written by Robert M. Howard and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courtsâe"tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.

The Courts and Social Policy

Author : Donald L. Horowitz
Publisher : Brookings Institution Press
ISBN 13 : 9780815707318
Total Pages : 326 pages
Book Rating : 4.7/5 (73 download)

DOWNLOAD NOW!

Book Synopsis The Courts and Social Policy by : Donald L. Horowitz

Download or read book The Courts and Social Policy written by Donald L. Horowitz and published by Brookings Institution Press. This book was released on 2010-12-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The Judicial System

Author : Carlo Guarnieri
Publisher : Edward Elgar Publishing
ISBN 13 : 1839100362
Total Pages : 232 pages
Book Rating : 4.8/5 (391 download)

DOWNLOAD NOW!

Book Synopsis The Judicial System by : Carlo Guarnieri

Download or read book The Judicial System written by Carlo Guarnieri and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits.

Social Work and the Courts

Author : Daniel Pollack
Publisher : Routledge
ISBN 13 : 1135946493
Total Pages : 226 pages
Book Rating : 4.1/5 (359 download)

DOWNLOAD NOW!

Book Synopsis Social Work and the Courts by : Daniel Pollack

Download or read book Social Work and the Courts written by Daniel Pollack and published by Routledge. This book was released on 2003-12-16 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Work and the Courts is a collection of important and cutting-edge court decisions in the field of human services. Pollack presents an array of legal cases in everyday language, with clear explanation of the facts and issues, and in-depth.

Courts and Social Transformation in New Democracies

Author : Roberto Gargarella
Publisher : Routledge
ISBN 13 : 1351947958
Total Pages : 323 pages
Book Rating : 4.3/5 (519 download)

DOWNLOAD NOW!

Book Synopsis Courts and Social Transformation in New Democracies by : Roberto Gargarella

Download or read book Courts and Social Transformation in New Democracies written by Roberto Gargarella and published by Routledge. This book was released on 2017-03-02 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.