No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Author:   Sarah Staszak (Assistant Professor of Political Science, Assistant Professor of Political Science, City College of New York-CUNY)
Publisher:   Oxford University Press Inc
ISBN:  

9780199399048


Pages:   320
Publication Date:   05 February 2015
Format:   Paperback
Availability:   To order   Availability explained
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No Day in Court: Access to Justice and the Politics of Judicial Retrenchment


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Author:   Sarah Staszak (Assistant Professor of Political Science, Assistant Professor of Political Science, City College of New York-CUNY)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 15.50cm , Height: 2.50cm , Length: 23.40cm
Weight:   0.417kg
ISBN:  

9780199399048


ISBN 10:   0199399042
Pages:   320
Publication Date:   05 February 2015
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1) Introduction 2) The Politics of Judicial Retrenchment 3) Changing the Decisionmakers: From Litigation to Arbitration 4) Changing the Rules: The Battle to Control Civil Procedure 5) Changing the Venue: The Quasi-Judicial Realm of the Administrative State 6) Changing the Incentives: Leaving Rights and Removing Remedies 7) Conclusion

Reviews

No Day in Court explores one of the central, if largely unknown, legal developments in recent history: the increasing inability of individuals to go to court to vindicate their rights. Staszak shows how procedural and administrative rules have been purposefully rewritten to favor corporate and other defendants over the rights of prospective plaintiffs. An important and timely book. -Jeffrey Toobin, author of The Oath and The Nine One of the most important stories about America's civil rights revolution has been the story of retrenchment-how rights guarantees have been systematically limited by procedural reforms that restrict judicial remedies. Sarah Staszak shows how both supporters and opponents of the rights revolution have been complicit in rationing and blocking access to the courts. If you want to understand what happened to the promise of civil rights in this country, read this book. -Jack M. Balkin, Yale Law School For the less advantaged, DeTocqueville's observation that in America every political issue becomes a judicial one may no longer be true. In a work of admirable breadth, Sarah Staszak shows that a congeries of organziations and movements have collaborated to reduce access to courts. After time well spent with Staszak's cogent argument, readers will never view alternative dispute resolution, administrative rulings, state sovereign immunity and attorney's fees quite the same way. -Daniel Carpenter, Harvard University A fascinating book that provides great insight into the politics of retrenchment. Staszak shows convincingly that scholars need to pay more careful attention to the hidden world of procedural rules that shape the capacities of judges to make policy. This is a highly original study that enriches understanding of how political processes shape the role of the courts. -George Lovell, University of Washington No Day in Court is a major statement, and promises to open up a new area of scholarship. It is a book loaded with penetrating insights, elegant writing, and historical depth, and most importantly, provides powerful theoretical tools for understanding judicial retrenchment-a phenomenon that is a key part of American history but more than ever characterizes our present political environment. -John D. Skrentny, University of California, San Diego


Author Information

Sarah Staszak is a Robert Wood Johnson Scholar in Health Policy Research at Harvard University and an Assistant Professor in Political Science at The City College of New York-CUNY.

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