Democracy by Decree: What Happens When Courts Run Government 1st Edition

by Professor Ross Sandler (Author), Professor David Schoenbrod (Author), Ross Sandler (Author),

ISBN-13: 978-0300092721

ISBN-10: 0300092725

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Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through decrees. These court regimes, they assert, impose rigid and often ancient detailed plans that prove ineffective and wasteful. Elected officials cannot respond to changing realities unless attorneys, court-appointed functionaries, and lower-echelon officials agree. The result is neither judicial government nor good government, say Sandler and Schoenbrod, and they offer practical reforms that would set governments free from this stranglehold and allow courts to do their legitimate job of protecting rights.

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Editorial Reviews

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"A thought-provoking book about the fundamental issues of democracy, federalism, and separation of powers. . . . [A]n ode to representative government." -- Ross Weiner, Legal Times

...[A] critique of astonishing efforts to govern society through the miracle of what the authors call 'institutional reform litigation.' -- Thomas J. Main, Wall Street Journal

...[C]losely documented...Impassioned...[T]he guidepost for one side in any debate on the proper role of institutional reform litigation. -- Michael B. Gerrard, New York Law Journal

From the Back Cover

"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, Yale University

"With fascinating blow-by-blow accounts, Sandler and Schoenbrod expose how advocates for one interest group inevitably undermine the interests of others and thwart the ability of those in responsibility to balance interests for the common good."-- Philip K. Howard, author of The Death of Common Sense

"A practical prescription for restoring democracy while still honoring rights."-- Lamar Alexander

"Democracy by Decree is an impressive and thoughtful analysis of the current court-centered rights culture in which it is too easy for elected officials to 'pass the buck' to courts while taking actions that are blatantly unconstitutional."-- Nadine Strossen, president, American Civil Liberties Union, and professor, New York Law School

"Democracy by Decree shows how courts can protect rights and still let mayors and governments do their jobs."-- John Sexton, president of New York University and dean of New York University School of Law

"Sandler and Schoenbrod's account - really a discovery - of the existence of a second government in our midst is meticulous, nuanced, and alarming. By showing how unilateral judicial government undermines both democracy and individual rights, they have done a significant service to both."-- Christopher DeMuth, president, American Enterprise Institute for Public Policy Research

Hardcover: 256 pages
Publisher: Yale University Press; 1st Edition edition (January 1, 2003)
Language: English
ISBN-10: 0300092725
ISBN-13: 978-0300092721
Product Dimensions: 6 x 1 x 8.5 inches
Shipping Weight: 15.2 ounces
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Amazon Best Sellers Rank: #3,313,062 in Books (See Top 100 in Books)
- #962 in United States Judicial Branch
- #1650 in Law Practice Reference (Books)
- #1166 in Public Affairs

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Democracy by Decree: What Happens When Courts Run Government 1st Edition

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