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In controversial court cases involving civil rights, schools and housing, prison reform, and other social issues, federal district-court judges are often called upon to make some of the most difficult judicial decisions. How do these cases arise? How are they prosecuted and remediesfashioned when federally protected rights are violated? How can relations between federal judges and state and local officials be improved?This book--the first to attempt to look at such cases from the district court judge's point of view--examines some of these questions through five comparative case studies involving open housing in a Cleveland suburb, school desegregation in Detroit, mental health reform in Alabama, prisonconditions in Ohio, and alleged police misconduct in Philadelphia. Cooper presents a clear overview of the remedial decree process and prefaces each of the case studies with a full chapter that sets the case in its legal, administrative, and political context.Taking a close look at the interactions between federal district court judges and state and local officials, this volume produces a model of remedial decree litigation that challenges widely-held assumptions about the role of district judges in such controversial cases.
This book investigates the complex role of federal district court judges when they are tasked with overseeing remedial decrees in cases involving civil rights and social reform. Phillip J. Cooper, a scholar of public law and administration, utilizes a series of comparative case studies to analyze how judges navigate the tension between federal mandates and state or local governance. By focusing on the judge's perspective, the author challenges conventional assumptions regarding judicial activism and the administrative burden of enforcing constitutional rights in local institutions.
What You Will Find
Legal scholars and political scientists frequently cite this work as a foundational text for understanding the practical realities of federal judicial intervention in state affairs. Experts highlight the book's utility in bridging the gap between abstract legal theory and the administrative complexities of court-ordered reform.
Page Count:
384
Publication Date:
1988-03-17
Publisher:
Oxford University Press
ISBN-10:
0195041917
ISBN-13:
9780195041910
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