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The Hollow Hope: Can Courts Bring About Social Change?

by
Edition:
2nd
ISBN13:

9780226726717

ISBN10:
0226726711
Format:
Paperback
Pub. Date:
5/1/2008
Publisher(s):
Univ of Chicago Pr
List Price: $22.50

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Summary

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.

Author Biography

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 Figuresp. ix
Preface to the Second Editionp. xi
Preface to the First Editionp. xiii
Introductionp. 1
The Dynamic and the Constrained Courtp. 9
Civil Rights
Introductionp. 39
Bound for Glory? Brown and the Civil Rights Revolutionp. 42
Constraints, Conditions, and the Courtsp. 72
Planting the Seeds of Progress?p. 107
The Current of Historyp. 157
Abortion and Women's Rights
Introductionp. 173
Transforming Women's Lives? The Courts and Abortionp. 175
Liberating Women? The Courts and Women's Rightsp. 202
The Court as Catalyst?p. 228
The Tide of Historyp. 247
The Environment, Reapportionment, and Criminal Law
Introductionp. 269
Cleaning House? The Courts, the Environment, and Reapportionmentp. 271
Judicial Revolution? Litigation to Reform the Criminal Lawp. 304
Same-Sex Marriage
Introductionp. 339
You've Got That Loving Feeling? The Litigation Campaign for Same-Sex Marriagep. 342
Confusing Rights with Reality: Litigation for Same-Sex Marriage and the Counter-Mobilization of Lawp. 355
Conclusion: The Fly-Paper Courtp. 420
Epiloguep. 430
Appendices
Black Children in Elementary and Secondary School with Whites: 1954-72p. 433
Blacks at Predominantly White Public Colleges and Universitiesp. 436
Black Voter Registration in the Southern States: Pre- and Post-Voting Rights Actp. 437
Laws and Actions Designed to Preserve Segregationp. 438
Method for Obtaining Information for Table 4.1 and Figure 4.1p. 440
Illegal Abortionsp. 441
Method for Obtaining Information for Tables 8.1A, 8.1B, 8.2A, and 8.2B, and for Figures 8.1 and 8.2p. 444
Coding Rules and Methods for Obtaining Information for Tables 13.3, 13.4, 13.5, 13.6, and 13.7p. 446
Case Referencesp. 449
Referencesp. 457
Indexp. 513
Table of Contents provided by Ingram. All Rights Reserved.


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