No day in court : access to justice and the politics of judicial retrenchment / Sarah Staszak.

Format:

Book

Author/Creator:

Staszak, Sarah L., author.

Series:

Oxford studies in postwar American political development

Studies in postwar American political development

Language:

English

Subjects (All):

Political questions and judicial power--United States.

Political questions and judicial power.

United States.

Physical Description:

x, 299 pages ; 24 cm.

Place of Publication:

New York, NY : Oxford University Press, [2015]

Summary:

Since the Rights Revolution of the 1960s, the majority of the laws expanding access to justice have remained on the books. Today, though, less than two percent of civil cases are decided by trials. No Day in Court examines how political and legal actors at all levels have scaled back access to the courts in recent times. Although the conventional narrative of backlash focuses on a conservative Supreme Court and Congress, the effort is far more broadly based. At every level of government, officials and activists have worked to restrict access to the courts for rights claims by targeting the institutional and legal procedures that govern what constitutes a valid legal case, who can be sued, how a case is adjudicated, and what remedies are available. As Sarah Staszak shows in this powerful account, these strategies have had a profoundly negative impact on access to justice in the United States today. Book jacket.

Contents:

The politics of judicial retrenchment

Changing the decision makers: from litigation to arbitration

Changing the rules: the battle to control civil procedure

Changing the venue: the quasi-judicial realm of the administrative state

Changing the incentives: leaving rights and removing remedies

Conclusion : retrenchment and the rules of the game.

Notes:

Revision of author's disseration (doctoral - Brandeis University, 2010), issued under title: The politics of judicial retrenchment.

Includes bibliographical references and index.

ISBN:

9780199399031

0199399034

9780199399048

0199399042

OCLC:

880374842