Between 1965 and 1990, federal judges in almost all of the states handed down sweeping rulings that affected virtually every prison and jail in the United States. Without a doubt judges were the most important prison reformers during this period. This book provides an account of this process, and uses it to explore the more general issue of the role of courts in the modern bureaucratic state. It provides detailed accounts of how the courts formulated and sought to implement their orders, and how this action affected the traditional conception of federalism, separation of powers, and the rule of law.

Malcolm Feeley's work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.

A classic study in law and society is now readily available to scholars, researchers, and others in the field of criminal justice, due process, policing, and administrative procedure. It adds a new Preface by the author and a new Foreword by Berkeley law professor Malcolm M. Feeley. As the author reflects: I think it was my first day in the field that the police liaison to the district attorney's probation revocation program exclaimed, "Forget rights Forget right to jury Forget right to bail There are no rights " As Malcolm Feeley says in his Foreword, what I "discovered" over the course of researching and writing this study was in plain view from the beginning. The criminal process has largely been subsumed as an administrative process and the procedural rights enshrined in the Bill of Rights have long since faded away. What I hope my work explains is how this happened doctrinally-how the expansion of criminal due process was halted and redirected by the very administrative due process revolution it gave birth to. And how it happened in practice-how police, prosecutors, and corrections came to realize that they had the tools to bypass the criminal process in enforcing the criminal sanction.

In his new Foreword, Feeley describes the book as "a brilliant analysis of the criminal process" and explains why its relevance and theoretical power have increased over time. In a nation where legal rights and process became enhanced in criminal courts and formal processes of adjudication, Greenspan showed the bypassing of much of this framework by the substitution of parole revocation, probation, and the like-by what Feeley summarizes as "the triumph of the administrative model. Her thesis shows how this occurred. The backlash to the Warren Court's criminal due process revolutions was not a wholesale abandonment of rights, but an embrace of a lower standard of due process, administrative due process." Some of these changes are well known, of course, but "Greenspan's study is brilliant precisely because it problematizes these developments. It identifies the central issue, how thinking about the criminal process has been so fundamentally yet unwittingly transformed."

This book is a powerful look at these reforms and transformations, presented in the "Classic Dissertation Series" by Quid Pro Books.

COURT REFORM ON TRIAL is a recognized study of innovation in the process of criminal justice, and why it so often fails-despite the best intentions of judges, administrators, and reformers. The arc of innovation to disappointment is analyzed through such programs as bail reform, pretrial diversion, speedy trials, and determinate sentencing. A much-maligned system of plea bargaining shifts power to prosecutors away from judges, and formal trials recede in importance-but is that really the problem? Perhaps failure lies in unrealistic expectations, splintered systems and decisionmaking, waning political will, unempowered constituencies, and reformers' hubris. Feeley analyzes the persistent failure and proposes insightful pathways out of the cycle. First commissioned as a study in the influential Twentieth Century Fund series, the book is accessible for today's readers as part of the Classics of Law & Society series of Quid Pro Books. It adds a reflective preface by the author and a new foreword by Greg Berman, Executive Director of the Center for Court Innovation. Calling it an "intellectual touchstone ... brimming with energy not resignation," Berman writes that the book "has all of the hallmarks of Feeley's best work. Lucid prose. Idiosyncratic analysis. A willingness to speak truth to vested interests. And a commitment to describing the way the world actually works from a ground-level perspective-as opposed to the official versions of how systems theoretically should function." "The world has changed a lot and not at all" since the book was first published, Berman adds. "What is striking reading COURT REFORM ON TRIAL again in 2013 is just how relevant it still is.... The number one reason why it should still be required reading for anyone who wants to help our justice system improve is the book's relentless focus on failure." As U.S. District Judge Jack Weinstein noted (as to the first edition), "At last the intelligent layman and lawyer have a sophisticated but easily understood analysis of what can and should be done to improve the administration of justice in the United States. What a welcome relief from the demagoguery that permeates most public discussion of the problem." In reviewing the book in the California Law Review, Judge William Wayne Schwarzer stated: "Public interest in other issues waxes and wanes, but court reform has constituencies that never seem to tire. Feeley's book offers an interesting and insightful panorama of efforts to reform the criminal justice system." Those constituencies, and thoughtful readers in many fields, will enjoy a fresh view of the panorama. Using a modern presentation and adding the new introductions, the Quid Pro edition maintains continuity with previous printings by embedding the original pagination; this feature facilitates referencing and classroom assignment-and permits matching, usable pagination in the new ebook edition.

This pathbreaking book "remains the definitive analysis of the first crucial decade of the formulation of the Constitution of Europe by at the time a little-known court. It must be read by all serious scholars of European integration." - Malcolm M. Feeley (University of California at Berkeley), from the new Foreword. In the early days of what would become the European Union, the new entity had a weak and ill-defined legislature and executive. And the European Court of Justice, whose decisions, actions, and even inactions subtly paved the way to a continent's integration. "Scheingold showed that its efforts, deftly melding law and politics, were a success beyond mere dispute-resolution and development of legal doctrine," writes Feeley in the new introduction to this classic study. "He was well aware that he was present at the creation of a powerful new institution. Yet he stood virtually alone in seeing what such an institution, using its power this way, could realize in terms of political integration. The resulting book was a masterpiece." The formative years of the EU relied on consensus and legal processes, and an emerging, agile Court-but not on the predictable analogy to federalization as in U.S. Constitutional law-to evolve integration and respect for a higher authority than national law. Scheingold reveals these insights by examining political activity with his in-the-trenches research more than by the customary analysis of doctrine. Presented in a new, affordable printing with modern formatting and the new Foreword, the book is part of the Classics of Law & Society Series from Quid Pro Books. It embeds the original pagination, to enhance referencing and citations from previous printings and to allow continuity with the new digital edition.

What explains divergences in political liberalism among new nations that shared the same colonial heritage? This book assembles exciting original essays on former colonies of the British Empire in South Asia, Africa and Southeast Asia that gained independence after World War II. The interdisciplinary country specialists reveal how inherent contradictions within British colonial rule were resolved after independence in contrasting liberal-legal, despotic and volatile political orders. Through studies of the longue duree and particular events, this book presents a theory of political liberalism in the post-colony and develops rich hypotheses on the conditions under which the legal complex, civil society and the state shape alternative postcolonial trajectories around political freedom. This provocative volume presents new perspectives for scholars and students of postcolonialism, political development and the politics of the legal complex, as well as for policy makers and publics who struggle to construct and defend basic legal freedoms.

Between 1965 and 1990, federal judges in almost all of the states handed down sweeping rulings that affected virtually every prison and jail in the United States. Without a doubt judges were the most important prison reformers during this period. This book provides an account of this process, and uses it to explore the more general issue of the role of courts in the modern bureaucratic state. In doing so, it provides detailed accounts of how the courts formulated and sought to implement their orders, and how this action affected the traditional conception of federalism, separation of powers, and the rule of law.