Democracy by Decree : What Happens When Courts Run Government

by Ross Sandler and David Schoenbrod

• ISBN13: 9780300103144
• ISBN10: 030010314X
• Format: Trade Paper
• Copyright: 2004-08-11
• Publisher: Yale University Press

Summary

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 electedand accountableofficials. "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 prisonssometimes for decadesinstead 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

Author Biography

Ross Sandler is professor of law and director of New York Law School's Center for New York City Law. David Schoenbrod is a professor at New York Law School and author of Power Without Responsibility: How Congress Abuses the People through Delegation, published by Yale University Press.

Table of Contents

Preface	vi
Introduction: The Legal Hook	1	(12)
1. How Courts Came to Govern	13	(22)
2. How Congress Creates Rights: A Case Study	35	(10)
3. How Courts Enforce Rights: A Case Study	45	(53)
4. Something New Is Going On In Court	98	(15)
5. How Court Management Works	113	(26)
6. A Good Thing Gone Wrong	139	(23)
7. Why the Wrong Thing Continues	162	(21)
8. Road to Reform	183	(10)
9. New Principles	193	(30)
Summary and Conclusion	223	(6)
Appendix	229	(10)
Notes	239	(30)
Acknowledgments	269	(6)
Index	275