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Books > Social sciences > Politics & government
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No Day in Court - Access to Justice and the Politics of Judicial Retrenchment (Hardcover)
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No Day in Court - Access to Justice and the Politics of Judicial Retrenchment (Hardcover)
Series: Studies in Postwar American Political Development
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We are now more than half a century removed from height of the
rights revolution, a time when the federal government significantly
increased legal protection for disadvantaged individuals and
groups, leading in the process to a dramatic expansion in access to
courts and judicial authority to oversee these protections. Yet
while the majority of the landmark laws and legal precedents
expanding access to justice remain intact, less than two percent of
civil cases are decided by a trial today. What explains this
phenomenon, and why it is so difficult to get one's day in court?
No Day in Court examines the sustained efforts of political and
legal actors to scale back access to the courts in the decades
since it was expanded, largely in the service of the rights
revolution of the 1950s and 1960s. Since that time, for political,
ideological, and practical reasons, a multifaceted group of actors
have attempted to diminish the role that courts play in American
politics. Although the conventional narrative of backlash focuses
on an increasingly conservative Supreme Court trying to gut the
developments of the New Deal and Civil Rights eras, and of
conservative activists mobilizing to pressure Congress to do the
same, there is another very important element to this story, in
which access to the courts for rights claims has been scaled back
by efforts that target the 'rules of the game,' 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 through courts. These more hidden, procedural changes
are pursued by far more than just conservatives, and they often go
overlooked. No Day in Court explores the politics of these
strategies and the effect that they have today for access to
justice in the U.S.
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