Democracy by Decree What Happens When Courts Run Government Ross Sandler, David Schoenbrod

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Format:: Paperback
Publication date:: 11 Aug 2004
ISBN:: 9780300103144
Imprint:: Yale University Press
Dimensions:: 288 pages: 210 x 140mm
Illustrations:: 10 b-w illus.

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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

Ross Sandler is professor of law and director of New York Law School’s Center for New York City Law. David Schoenbrod is a professor at New York Law School and author of Power Without Responsibility: How Congress Abuses the People through Delegation, published by Yale University Press.

“A compelling story with a powerful argument backed by lots of fascinating stories about judicial shipwrecks.”—James B. Jacobs, New York University School of Law

"Democracy by Decree shows how courts can protect rights and still let mayors and governors do their job.”—John Sexton, president of NYU and dean of NYU Law School

“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