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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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The Hollow Hope: Can Courts Bring About Social Change? 2nd ed

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ISBN13: 9780226726700
Previous Edition ISBN: 0226727033
Published: May 2015
Publisher: The University of Chicago Press
Country of Publication: USA
Format: Hardback
Price: £38.50



Despatched in 8 to 10 days.

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald N. 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 to be. 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" promises to reignite for a new generation the national debate it sparked seventeen years ago.

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Subjects:
Other Jurisdictions , USA
Contents:
List of Tables and Figures
Preface to the Second Edition;
Preface to the First Edition
Introduction

1. The Dynamic and the Constrained Court

Part 1 · Civil Rights

Introduction
2. Bound for Glory? Brown and the Civil Rights Revolution
3. Constraints, Conditions, and the Courts
4. Planting the Seeds of Progress?
5. The Current of History

Part 2 · Abortion and Women’s Rights

Introduction
6. Transforming Women’s Lives? The Courts and Abortion
7. Liberating Women? The Courts and Women’s Rights
8. The Court as Catalyst?
9. The Tide of History

Part 3 · The Environment, Reapportionment, and Criminal Law

Introduction
10. Cleaning House? The Courts, the Environment, and Reapportionment
11. Judicial Revolution? Litigation to Reform the Criminal Law

Part 4 · Same-Sex Marriage
Introduction
12. You’ve Got That Loving Feeling? The Litigation Campaign for Same-Sex Marriage
13. Confusing Rights with Reality: Litigation for Same-Sex Marriage and the Counter-Mobilization of Law
14. Conclusion: The Fly-Paper Court

Epilogue
Appendices
1. Black Children in Elementary and Secondary School with Whites: 1954–72
2. Blacks at Predominantly White Public Colleges and Universities
3. Black Voter Registration in the Southern States: Pre- and Post-Voting Rights Act
4. Laws and Actions Designed to Preserve Segregation
5. Method for Obtaining Information for Table 4.1 and Figure 4.1
6. Illegal Abortions
7. Method for Obtaining Information for Tables 8.1A, 8.1B, 8.2A, and 8.2B, and for Figures 8.1 and 8.2
8. Coding Rules and Methods for Obtaining Information for Tables 13.3, 13.4, 13.5, 13.6, and 13.7
Case References
References
Index