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Title: The Hollow Hope: Can Courts Bring About Social Change? (American Politics and Political Economy) by Gerald N. Rosenberg ISBN: 0-226-72703-3 Publisher: University of Chicago Press Pub. Date: 01 May, 1993 Format: Paperback Volumes: 1 List Price(USD): $19.00 |
Average Customer Rating: 3.67 (3 reviews)
Rating: 5
Summary: Best Book EVER!
Comment: Rosenberg kicks ... "GR" has written a thought-provoking, insightful, saucy account of the academy's hero worship of the Supreme Court. Not unlike McCloskey, Rosenberg refuses to divorce the Court from its socio-political location and in the process challenges reductive analyses from the likes of David O'Brien. Rock on, GR.
Rating: 1
Summary: An Insult to the Academic World
Comment: (In response to Rosenberg's work on Brown v Board of Education only)
In this poor attempt to prove an impossible argument, Gerald N Rosenberg produces one of the biggest insults to the academic world I have ever come across.
Do not be persuaded by Rosenberg's seemingly convicing argument, it is full of holes and poor logic. In attempting to disprove the axiom that courts can bring out significant social change, Rosenberg, ignores the best evidence in support of the dynamic court view, and the majority of the evidence he uses is presented in a deceptive manner.
To give two examples of Rosenberg's terrible work, one can look to his examples of the actions of Eisenhower and King, in which he argues that neither man was influences by the Supreme Court and its ruling in Brown v. Board of Education. Rosenberg argues that Eisenhower did not legitimize his actions in 1957 to send troops into Little Rock, Arkansas on the basis of the Supreme Court's ruling. However, in a famous and nationally televised address, Eisenhower specifically mentions the Brown decision as the reason for action in Little Rock - Rosenberg omits this glaring fact with the hope that a reader will passively accept his evidence. Furthermore, when quoting King in an attempt to prove that the bus boycotts were not influenced by the court, Rosenberg starts off with a quote from King, and ends the quote skipping 130 pages of King's remarks simply to find an appropriate end to the quotation that will prove his point. As if this weren't enough, Rosenberg deceptively ADMITS in a footnote that the night before the boycott King specifically mentions Brown in a speech as the reason for his followers mobilization.
These are only few of the glaring holes in Rosenberg's argument against the dynamic court view and in favor of the constrained court view. Rosenberg feels that it is a "hollow hope" to think that the courts can lead to social change in America, however, the only thing that is "hollow" about his work is his argument.
An absolutely meaningless work - do not believe the hype about how great and revolutionary this book is - its argument and conclusion hold no weight and ignore the most relevant evidence against it.
Rating: 5
Summary: The weakest branch
Comment: In The Hollow Hope, University of Chicago political science and law professor Gerald Rosenberg defends a thesis that, although its roots in American thought extend back to Alexander Hamilton, is currently a highly controversial one. He argues that court decisions, in spite of the importance ascribed by political analysts of all stripes to such landmark cases as Brown v. Board and Roe v. Wade, are generally incapable of generating significant social reform.
Using a combination of quantatitive data and textual analysis, he argues (persuasively) that the Brown decision had little impact on school segregation. Significant headway, Rosenberg argues, was not made against this vexing social problem until the enactment of the 1964 Civil Rights Act. With respect to Roe v. Wade, he argues that the decision had an ultimately counterproductive effect by energizing the pro-life movement and setting back a trend towards the liberalization of abortion laws that was well under way before 1971.
A social scientist, Rosenberg is careful to maintain a degree of equivocation with respect to the issue. He posits a framework under which court decisions might mave a greater than typical impact. And indeed, his evidence cannot be regarded as defintive proof- it is impossible to quantify all of the possible effects of a key court decision. He argues very compellingly, however, that the faith placed by liberals in the courts is based more on emotion than evidence, and this might have the consquence of wasting precious resources on expensive legal victories that do not manifest themselves within the American polity. As such, this lucid and challenging book is essential reading for anyone who is interested in American public law
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Title: Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization (Language and Legal Discourse) by Michael W. McCann ISBN: 0226555720 Publisher: University of Chicago Press Pub. Date: 01 June, 1994 List Price(USD): $32.50 |
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Title: The Choices Justices Make by Lee Epstein, Jack Knight ISBN: 1568022263 Publisher: Congressional Quarterly Books Pub. Date: 01 November, 1997 List Price(USD): $29.95 |
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Title: The Puzzle of Judicial Behavior (Analytical Perspectives on Politics) by Lawrence Baum ISBN: 047208335X Publisher: UMP Pub. Date: 01 January, 1998 List Price(USD): $24.95 |
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Title: The Supreme Court and the Attitudinal Model Revisited by Jeffrey A. Segal, Harold J. Spaeth ISBN: 0521789710 Publisher: Cambridge University Press Pub. Date: 16 September, 2002 List Price(USD): $25.00 |
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Title: The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective by Charles R. Epp ISBN: 0226211622 Publisher: University of Chicago Press Pub. Date: 01 December, 1998 List Price(USD): $17.00 |
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