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

"why the 'haves' come out ahead" and suggests that the resources and experience available to established and on-going groups provide an advantage in litigation.

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.

Unencumbered by electoral commitments and political deal-making, and protected from recrimination, they can act to fulfill the constitutional mandate.

court decisions can "politicize issues that otherwise might have remained unattended"

courts have powerful indirect effects. Their politically neutral position allows them to teach Americans about the meaning of their constitutional obligations. Court decisions can change opinions, generate media coverage, and inspire action. They can provide the necessary nudge to start the reform process. In other words, they have a unique and imp

In the environmental field

Perhaps only when political, social, and economic forces have already pushed society far along the road to reform willcourts have any independent effect.

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

ask under what conditions can courts produce political and social change?