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In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg's criticsnot to mention his supportershave spent nearly two decades debating the arguments he first put forward inThe 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 weakfar 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 decisionsparticularlyBrown v. Board of EducationandRoe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more thanBrownto advance desegregation, while pro-choice activists invested too much inRoeat 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 Editionpromises to reignite for a new generation the national debate it sparked seventeen years ago.
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 Figures||p. ix|
|Preface to the Second Edition||p. xi|
|Preface to the First Edition||p. xiii|
|The Dynamic and the Constrained Court||p. 9|
|Bound for Glory? Brown and the Civil Rights Revolution||p. 42|
|Constraints, Conditions, and the Courts||p. 72|
|Planting the Seeds of Progress?||p. 107|
|The Current of History||p. 157|
|Abortion and Women's Rights|
|Transforming Women's Lives? The Courts and Abortion||p. 175|
|Liberating Women? The Courts and Women's Rights||p. 202|
|The Court as Catalyst?||p. 228|
|The Tide of History||p. 247|
|The Environment, Reapportionment, and Criminal Law|
|Cleaning House? The Courts, the Environment, and Reapportionment||p. 271|
|Judicial Revolution? Litigation to Reform the Criminal Law||p. 304|
|You've Got That Loving Feeling? The Litigation Campaign for Same-Sex Marriage||p. 342|
|Confusing Rights with Reality: Litigation for Same-Sex Marriage and the Counter-Mobilization of Law||p. 355|
|Conclusion: The Fly-Paper Court||p. 420|
|Black Children in Elementary and Secondary School with Whites: 1954-72||p. 433|
|Blacks at Predominantly White Public Colleges and Universities||p. 436|
|Black Voter Registration in the Southern States: Pre- and Post-Voting Rights Act||p. 437|
|Laws and Actions Designed to Preserve Segregation||p. 438|
|Method for Obtaining Information for Table 4.1 and Figure 4.1||p. 440|
|Illegal Abortions||p. 441|
|Method for Obtaining Information for Tables 8.1A, 8.1B, 8.2A, and 8.2B, and for Figures 8.1 and 8.2||p. 444|
|Coding Rules and Methods for Obtaining Information for Tables 13.3, 13.4, 13.5, 13.6, and 13.7||p. 446|
|Case References||p. 449|
|Table of Contents provided by Ingram. All Rights Reserved.|