The Hollow Hope: Can Courts Bring About Social Change? Second Edition (American Politics and Political Economy Series)

Unlike in other institutions, arguments cannot be ignored or dismissed without discussion.

Another way in which courts may indirectly produce significant social reform is by facilitating negotiations.

the "least dangerous" branch can do little more than point out how actions have fallen short of constitutional or legislative requirements and hope that appropriate action is taken.

courts can point the way to doing what is "right."

the positions of unpopular and politically weak groups, denied access to and influence with administrative, executive, and legislative branches, must be taken seriously by the courts.

Condition 1: Courts may effectively produce significant social reform when other actors offer positive incentives to induce compliance.

"serves as a catalyst, not a usurper, of the legislative process"

the Constrained Court view maintains that courts will generally not be effective producers of significant social reform for three reasons: the limited nature of constitutional rights, the lack of judicial independence, and the judiciary's inability to develop appropriate policies and its lack of powers of implementation.

courts offer the best hope to poor, powerless, and unorganized groups, those most often seeking significant social reform.