The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in th...

From local trial courts to the United States Supreme Court, judges' decisions affect the fates of individual litigants and the fate of the nation as a whole. Scholars have long discussed and debated explanations of judicial behavior. This book examines the major issues in the debates over how best to understand judicial behavior and assesses what we actually know about how judges decide cases. It concludes that we are far from understanding why judges choose the positions they take in cour...

Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Cou...

Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent law professors, and a retired Supreme Court justice have advocated the elimination of elections as a means to choose judges. One of their primary concerns is interest group involvement in elections to state supreme courts, which they see as having negative effects on both the courts themselves and public perceptions of these judicial bodies...

Are Supreme Court justices swayed by the political environment that surrounds them? Most people think "yes," and they point to the influence of the general public and the other branches of government on the Court. It is not that simple, however. As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of g...

What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them.The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues t...

An in-depth analysis of the legal entry points and remedies in the school-to-prison pipelineThe “school-to-prison pipeline” is an emerging trend that pushes large numbers of at-risk youth—particularly children of color—out of classrooms and into the juvenile justice system. The policies and practices that contribute to this trend can be seen as a pipeline with many entry points, from under-resourced K-12 public schools, to the over-use of zero-tolerance suspensions...

The story of foster care in the United States is the story of the failure of the social safety net to aid poor, largely black, parents in their attempt to make a home for their children.Shattered Bonds tells this story as no other book has before -- from the perspective of a prominent black, female legal theoretician. The current state of the child-welfare system in America is a well-known tragedy. Thousands of children every year are removed from their pa...

This classic has been the most authoritative text in the field since 1924. The thoroughly revised Eleventh Edition continues to provide a sound, sophisticated, sociological treatment of the principal issues in criminology.

This wide-ranging book shows why Paul Longmore is one of the most respected figures in disability studies today. Understanding disability as a major variety of human experience, he urges us to establish it as a category of social, political, and historical analysis in much the same way that race, gender, and class already have been. The essays here search for the often hidden pattern of systemic prejudice and probe into the institutionalized discrimination that affects the one in five Amer...

The American Dream and the Public Schools examines issues that have excited and divided Americans for years, including desegregation, school funding, testing, vouchers, bilingual education, and ability grouping. While these are all separate problems, much of the contention over them comes down to the same thing--an apparent conflict between policies designed to promote each student's ability to succeed and those designed to insure the good of all students or the nation as a whole....

The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the cour...