The Hollow Hope: Can Courts Bring About Social Change? Second Edition (American Politics and Political Economy Series)

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. 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.

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.

Contends 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. From Publisher Description. The Dynamic And The Constrained Court -- Bound For Glory: Brown And The Civil Rights Revolution -- Constraints, Conditions, And The Courts -- Planting The Seeds Of Progress -- The Current Of History -- Transforming Women's Lives? : The Courts And Abortion -- Liberating Women : The Courts And Women's Rights -- The Court As Catalyst? -- The Tide Of History -- Cleaning House? : The Courts, The Environment, And Reapportionment -- Judicial Revolution : Litigation To Reform The Criminal Law -- You've Got That Loving Feeling? : The Litigation Campaign For Same-sex Marriage -- Confusing Rights With Reality : Litigation For Same-sex Marriage And The Counter-mobilization Of Law -- Conclusion: The Fly-paper Court. Gerald N. Rosenberg. Includes Bibliographical References (p. 457-512) And Index. 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. Liberals have acclaimed, and conservatives decried, reliance on courts as tools for changes. But while debate rages over whether the courts should be playing such a legislative role, Gerald N. Rosenberg poses a far more fundamental question—can courts produce political and social reform?Rosenberg presents, with remarkable skill, an overwhelming case that efforts to use the courts to generate significant reforms in civil rights, abortion, and women's rights were largely failures."The real strength of The Hollow Hope...is its resuscitation of American Politics—the old-fashioned representative kind—as a valid instrument of social change. Indeed, the flip side of Mr. Rosenberg's argument that courts don't do all that much is the refreshing view that politics in the best sense of the word—as deliberation and choice over economic and social changes, as well as over moral issues—is still the core of what makes America the great nation it is....A book worth reading."—Gary L. McDowell, The Washington Times A provocative study of the impact of Supreme Court decisions on society. Contains case history references