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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Judicial Policy Making and the Modern State

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Malcolm M. FeeleyUniversity of California, Berkeley, Edward L. RubinUniversity of California, Berkeley

ISBN13: 9780521593533
ISBN: 0521593530
Published: October 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £84.99

Despatched in 7 to 9 days.

Between 1965 and 1990, federal judges in almost all of the states handed down sweeping rulings that affected virtually every prison and jail in the United States. Without a doubt judges were the most important prison reformers during this period. This book provides an account of this process, and uses it to explore the more general issue of the role of courts in the modern bureaucratic state. In doing so, it provides detailed accounts of how the courts formulated and sought to implement their orders, and how this action affected the traditional conception of federalism, separation of powers, and the rule of law.

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Other Jurisdictions , USA
1. Introduction
Part I. The Case of Judicial Prison Reform:
2. An overview of judicial prison reform
3. Two classic prison reform cases: Arkansas and Texas
4. Three variations on a theme: the Colorado penitentiary, the Santa Clara county jails and Marion penitentiary
Part II. The Theory of Judicial Policy-Making:
5. Defining the problem, identifying the goal, and rejecting the principle of federalism
6. Creating doctrine, choosing solutions and transforming the rule of law
7. Implementing the solution, muddling through and ignoring the separation of powers principle
8. Conclusion
9. CODA: assessing the successes of judicial prison reform.