Democracy by Decree: What Happens When Courts Run Government
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This valuable book explains why schools, welfare agencies, and other important state and local institutions have come to be controlled by attorneys and judges rather than by governors and mayors. The authors discuss why this has resulted in worse service to the public and what can be done to restore control of these programs to elected—and accountable—officials.“A brilliant, well-written and brave account of how federal courts have distorted our political system by taking control of complex institutions like schools and prisons—sometimes for decades—instead of enforcing rights, which is their proper domain.”—Diane Ravitch, New York University“A thought-provoking book about the fundamental issues of democracy, federalism, and separation of powers.”—Ross Weiner, Legal Times“This book shows how well-meaning efforts to fix society’s problems often fail because the judiciary is badly equipped to enforce such changes.”—Jonathan Shapiro, Washington Post“An elegant volume.”—Harvard Law Review
PrefaceIntroduction: The Legal Hook11How Courts Came to Govern132How Congress Creates Rights: A Case Study353How Courts Enforce Rights: A Case Study454Something New Is Going On In Court985How Court Management Works1136A Good Thing Gone Wrong1397Why the Wrong Thing Continues1628Road to Reform1839New Principles193Summary and Conclusion223Appendix229Notes239Acknowledgments269Index275
