Courthouse Democracy and Minority Rights

Same-Sex Marriage in the States

Inbunden, Engelska, 2013

Av Robert J. Hume, USA) Hume, Robert J. (Associate Professor, Associate Professor, Fordham University, Katonah, NY, HUME, Hume

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In Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States, Robert J. Hume examines how the democratization of state courts and state constitutional systems has influenced the capacity of judges to protect minority rights. Through an intensive examination of same-sex marriage policy, Hume shows that democratic innovations like judicial elections and initiative amendment procedures have conditioned the impact of judges on state marriage laws. Using a combination of original and publicly available data, Hume demonstrates that "courthouse democracy " has influenced the behavior of state judges, the reactions of the public to state court decisions, and the long-term policy consequences of these decisions, including the passage of state constitutional amendments. Hume concludes that judges will be capable of producing meaningful social change-and protecting minority rights-only when they have the institutional resources that they need to stand against popular opinion.

Produktinformation

Utgivningsdatum2013-05-02
Mått236 x 163 x 22 mm
Vikt485 g
FormatInbunden
SpråkEngelska
Antal sidor230
FörlagOUP USA
ISBN9780199982172

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Robert J. Hume is an Associate Professor of Political Science at Fordham University, with degrees from the College of the Holy Cross (B.A.) and the University of Virginia (M.A., Ph.D.). His research interests are in the areas of constitutional law and judicial policy development, with particular emphasis on the impact of court decisions. His first book, How Courts Impact Federal Administrative Behavior (2009), won the 2010 Alpha Sigma Nu Book Award in Professional Studies. He has also published in American Politics Research, the Law & Society Review, the Journal of Empirical Legal Studies, Justice System Journal, and Publius.

Preface ; Part One: Introduction ; Chapter 1: Promises, Promises ; Chapter 2: Understanding the Impact of State Supreme Courts ; Part Two: The Legal Context ; Chapter 3: Early Same-Sex Marriage Decisions ; Chapter 4: Massachusetts and Beyond ; Part Three: An Analysis of State Judicial Impact ; Chapter 5: Policy Initiation: The Diffusion of Same-Sex Marriage ; Cases Across the States ; Chapter 6: Policy Legitimation: Evaluating the Capacity of State ; Courts to Change Public Opinion ; Chapter 7: Policy Endurance: The Enactment of State Constitutional ; Amendments Prohibiting Same-Sex Marriage ; Chapter 8: The Promise of State Courts ; Works Cited

"With lots of footnotes, plenty of charts and graphs, and the expected numbers-crunching, Courtroom Democracy and Minority Rights is clearly intended for fellow academics, grad students, and senior political science majors. However, a general reader can learn plenty from the book." -- Blake Maddux, DigBoston.com"The state same-sex marriage cases offer lessons about the capacities of state courts to bring about dramatic policy changes (lessons that Hume derives from solid research and skillful analysis of existing and his own original data). In addition, Hume offers a plausible argument that state courts were the catalysts that made same-sex marriage possible." -- Philip A. Dynia, The Law and Politics Book Review