The Courts And Social Policy In The United States
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The Courts And Social Policy
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Author : Donald L. Horowitz
language : en
Publisher: Brookings Institution Press
Release Date : 2010-12-10
The Courts And Social Policy written by Donald L. Horowitz and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-10 with Law categories.
In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests
The Courts And Social Policy In The United States
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Author : Daniel Butt
language : en
Publisher:
Release Date : 2007
The Courts And Social Policy In The United States written by Daniel Butt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Affirmative action programs categories.
A report intended to provide both a record of, and a critical response to, the joint seminar held in Aspen in July 2007 by the Aspen Institute Justice and Society Program and The Foundation for Law, Justice and Society (FLJS). The seminar brought together participants from a wide range of relevant backgrounds to discuss issues relating to the role of the courts in the public policy process, with a specific focus on the US judiciary.
Social Policy And Policymaking By The Branches Of Government And The Public At Large
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Author : Theodore J. Stein
language : en
Publisher: Columbia University Press
Release Date : 2001-03-08
Social Policy And Policymaking By The Branches Of Government And The Public At Large written by Theodore J. Stein and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-08 with Political Science categories.
An essential resource for students of social policy and social welfare as well as for social welfare practitioners and other human services professionals, this text examines the policymaking activity of the different branches of the American government and of the public-at-large as well as the interactions between the branches of government and the general public in the formation and implementation of social policy. In addition to examining the role of the legislative and executive branches of government, Theodore J. Stein covers the often-overlooked role of the judiciary in policymaking. He addresses the ways social welfare practitioners should interpret (1) conflicting judicial rulings in cases where courts of equal jurisdiction rule differently on the same matter and (2) judicial rulings that signal significant changes in the law. The book looks at politics, practice, and implementation and provides a historical background of social policy and social work practice plus a wealth of descriptive and analytic information concerning policymaking processes, specific social policies, and the effect of social policy on social programs.
Social Policy In The United States
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Author : Theda Skocpol
language : en
Publisher: Princeton University Press
Release Date : 1995
Social Policy In The United States written by Theda Skocpol and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Political Science categories.
Reforming health care, revamping the welfare system, preserving or cutting Social Security, creating employment programs for displaced employees, and revising U.S. social programs to help working parents with children - all of these endeavors and more are part of ongoing national debates about the future of social policy in the United States. In this wide-ranging collection of essays, renowned social scientist Theda Skocpol shows how historical understanding, centered on U.S. governmental institutions and shifting political alliances, can illuminate the limits and possibilities of American social policymaking both past and present.
Weak Courts Strong Rights
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2009-08-09
Weak Courts Strong Rights written by Mark Tushnet and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-09 with Law categories.
Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law.
The Hollow Hope
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Author : Gerald N. Rosenberg
language : en
Publisher: University of Chicago Press
Release Date : 2008-09-15
The Hollow Hope written by Gerald N. Rosenberg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-15 with Political Science categories.
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald 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 as. 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, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
The Oxford Handbook Of American Political Development
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Author : Richard M. Valelly
language : en
Publisher: Oxford University Press
Release Date : 2016-09-15
The Oxford Handbook Of American Political Development written by Richard M. Valelly and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-15 with Political Science categories.
Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics - and thus they question stylized facts about America's political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in)equality in American politics (the distribution of wealth and income, race, ethnicity, gender, class, and sexual and gender orientation), public law, and governance and representation. What distinguishes APD is careful, systematic thought about the ways that political processes, civic ideals, the political construction of social divisions, patterns of identity formation, the making and implementation of public policies, contestation over (and via) the Constitution, and other formal and informal institutions and processes evolve over time - and whether (and how) they alter, compromise, or sustain the American liberal democratic regime. APD scholars identify, in short, the histories that constitute American politics. They ask: what familiar or unfamiliar elements of the American past illuminate the present? Are contemporary phenomena that appear new or surprising prefigured in ways that an APD approach can bring to the fore? If a contemporary phenomenon is unprecedented then how might an accurate understanding of the evolution of American politics unlock its significance? Featuring contributions from leading academics in the field, The Oxford Handbook of American Political Development provides an authoritative and accessible analysis of the study of American political development.
The Judicial Process
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Author : Christopher P. Banks
language : en
Publisher: CQ Press
Release Date : 2015-02-19
The Judicial Process written by Christopher P. Banks and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-19 with Political Science categories.
The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
Understanding Social Problems Policies And Programs
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Author : Leon H. Ginsberg
language : en
Publisher:
Release Date : 1994
Understanding Social Problems Policies And Programs written by Leon H. Ginsberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Political Science categories.
"Understanding Social Problems, Policies, and Programs offers a comprehensive analysis of policies used in the United States to address social problems and to develop social programs. Leon Ginsberg, a respected authority in the field of social work policy, provides a framework for understanding some of the most controversial issues facing the nation, including welfare assistance, food stamps, and health care reform. In this timely volume, he defines the components of social welfare policy and illuminates the complex issues encountered by helping professionals." "Intended for practitioners, educators, administrators, and students, Understanding Social Problems, Policies, and Programs focuses on the history and analysis of social welfare policies as well as the political process of policymaking. Ginsberg describes social problems as their inevitable result of people living together in complex societies, and he traces society's desire to help its most vulnerable members - the children, the elderly, the homeless, and the poor. By explaining how policies and programs are developed, Ginsberg offers insight into the ways that individuals and groups might initiate, modify, and implement improved programs for the disadvantaged."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Social Policy In The United States
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Author : Theda Skocpol
language : en
Publisher: Princeton University Press
Release Date : 2020-06-16
Social Policy In The United States written by Theda Skocpol and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-16 with Social Science categories.
Health care, welfare, Social Security, employment programs--all are part of ongoing national debates about the future of social policy in the United States. In this wide-ranging collection of essays, Theda Skocpol shows how historical understanding, centered on governmental institutions and political alliances, can illuminate the limits and possibilities of American social policymaking both past and present. Skocpol dispels the myth that Americans are inherently hostile to social spending and suggests why President Clinton's health care agenda was so quickly attacked despite the support of most Americans for his goals.