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Gerald Rosenberg : Publications

Books (Author)

    The Hollow Hope: Can Courts Bring About Social Change? (rev. 2nd ed.) (University of Chicago Press, 2008) (Chinese language edition, 2003). [CU]

    Thinkwell's American Government: A Mulit-Media Course (Thinkwell, 2001) (with Mark Rom & Matthew Dickinson). [CU]

    The Hollow Hope: Can Courts Bring About Social Change? (1st ed.) (University of Chicago Press, 1991). [CU]

Journal Articles

    "The Broken-Hearted Lover: Erwin Chemerinsky's Longings for a Mythical Court," 65 Vanderbilt Law Review 1075 (2016). [CU]

    "The Surprising Resilience of State Opposition to Abortion: The Supreme Court, Federalism, and the Role of Intense Minorities in the U.S. Politics System," 34 Saint Louis University Public Law Review 241 (2015). [CU] [WWW]

    "Checkmate Moves (reviewing Martin J. Sweet, Merely Judgment: Ignoring, Evading, and Trumping the Supreme Court (2010))," 74 Review of Politics 136 (2012). [CU]

    "Book Review (reviewing Martha Minow, In Brown's Wake: Legacies of America's Educational Landmark (2010))," 9 Perspectives on Politics 926 (2011). [CU]

    "Book Review (reviewing Mark C. Miller, The View of the Courts from the Hill: Interactions Between Cognress and the Federal Judiciary (2009))," 126 Political Science Quarterly 151 (2011). [CU]

    "Wonder of It All," 45 Tulsa Law Review 679 (2009). [CU]

    "Saul Alinsky and the Litigation Campaign to Win the Right to Same-Sex Marriage," 42 John Marshall Law Review 643 (2009). [CU]

    "Romancing the Court," 89 Boston University Law Review 563 (2009). [CU]

    "'Much Ado About Nothing'?: The Emptiness of Rights' Claims in the Twenty-First Century United States," 48 Studies in Law, Politics and Society 1 (2009). [CU]

    "Tilting at Windmills: Brown II and the Hopeless Quest to Resolve Deep-Seated Social Conflict through Litigation," 24 Law and Inequality: A Journal of Theory and Practice 31 (2006). [CU]

    "Courting Disaster: Looking for Change in All the Wrong Places," 54 Drake Law Review 795 (2005). [CU]

    "Substituting Symbol for Substance: What Did Brown Really Accomplish?," 37 PS: Political Science and Politics 205 (2004). [CU]

    "The 1964 Civil Rights Act: The Crucial Role of Social Movements in the Enactment and Implementation of Anti-Discrimination Law," 49 Saint Louis University Law Journal 1147 (2004). [CU]

    "Brown and Its Impact on Schools and American Life: A Dialogue," 19 Focus on Law Studies 1 (2004). [CU]

    "The Road Taken: Robert A. Dahl's Decision-Making in a Democracy: The Supreme Court as a National Policy-Maker," 50 Emory Law Journal 613 (2001). [CU]

    "Across the Great Divide (Between Law and Political Science)," 3 Green Bag 267 (2000). [CU] [WWW]

    "Bringing Politics Back In (reviewing Lucas A. Powe, Jr., The Warren Court and American Politics (2000))," 95 Northwestern University Law Review 309 (2000). [CU]

    "Incentives, Reputation, and the Glorious Determinants of Judicial Behavior," 68 University of Cincinnati Law Review 637 (1999). [CU]

    "We the People: Transformations," 2 Green Bag 209 (1999). [CU]

    "Civil Rights After Brown," Journal of Supreme Court History __ (1999). [CU]

    "Book Review (reviewing Laura Kalman, The Strange Career of Legal Liberalism (1996))," 7 Law and Politics Book Review 356 (1997). [CU]

    "The Implementation of Constitutional Rights: Insights from Law and Economics," 64 University of Chicago Law Review 1215 (1997). [CU]

    "Do Not Go Gently Into That Good Right: The First Amendment in the High Court of Australia," 1997 Supreme Court Review 439 (1997) (with John M. Williams). [CU]

    "Positivism, Interpretivism, and the Study of Law Review," 21 Law and Social Inquiry 435 (1996). [CU]

    "Book Review (reviewing David J. Garrow, Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade (1994))," 23 Contemporary Sociology 656 (1994). [CU]

    "Brown is Dead - Long Live Brown: The Endless Attempt to Canonize a Case Twentieth-Century Constitutional History," 80 Virginia Law Review 161 (1994). [CU]

    "The Supreme Court and the Attitudinal Model," 4 Law and Courts 6 (1994). [CU]

    "Book Review (reviewing Lee Epstein & Joseph F. Kobylka, The Supreme Court and Legal Change: Abortion and the Death Penalty (1992))," 87 Americna Political Science Review 1024 (1993). [CU]

    "Book Review (reviewing Frank R. Kemerer, William Wayne Justice: A Judicial Biography (1991))," 2 Law and Politics Book Review 89 (1992). [CU]

    "Hollow Hopes and Other Aspirations: A Reply to Feeley and McCann," 17 Law and Social Inquiry 761 (1992). [CU]

    "Judicial Independence and the Reality of Political Power," 54 Review of Politics 369 (1992). [CU]

    "Book Review (reviewing Hugh Graham Davis, The Civil Rights Era: Origins and Development of National Policy (1990))," 102 Ethics 429 (1992). [CU]

    "Do Courts Matter?," Law and Courts 8 (1992). [CU]

    "Book Review (reviewing William Lasser, The Limits of Judicial Power: The Supreme Court in American Politics (1988))," 100 Ethics 706 (1990). [CU]

    "Book Review (reviewing Branch Taylor, Parting the Waters: America in the King Years, 1954-1963 (1988))," 100 Ethics 707 (1990). [CU]

    "Book Review (reviewing Louis Fisher, Constitutional Dialogues: Interpretation as Political Process (1988))," 100 Ethics 458 (1990). [CU]

    "Book Review (reviewing Michael Davis and Frederick A. Elliston, eds., Ethics and the Legal Profession (1986))," 98 Ethics 212 (1987). [CU]

    "China 1: A Model of Growth for the People's Republic of China," 23 Simulation 133 (1974) (with William Brinton & John Wolfe) (Selected by Simulation as its most outstanding article of 1974). [CU]

Book Sections

    "Judicial Independence and the Reality of Political Power," in Readings in American Politics, Richard Valelly ed. (Princeton University Press, 2009). [CU]

    "Gerald Rosenberg and The Hollow Hope," in Conducting Law and Society Research: Reflections on Methods and Practices, Simon Halliday & Patrick Schmidt eds. (Cambridge University Press, 2009) (interview with Gerald Rosenberg). [CU]

    "Substituting Symbol for Substance: What Did Brown Really Accomplish?," in American Politics: Classic and Contemporary Readings, Allan Cigler & Burdett Loomis eds. (Houghton Mifflin Company, 2007). [CU]

    "The Politics of Consent: Party Incentives in Institutional Reform Consent Decrees," in Consent and Its Discontents: Policy Issues in Consent Decrees, Andrew Rachlin ed. (Policy Research Institute for the Region, 2006). [CU]

    "The Impact of Courts on American Life," in Benchmark: Judging Courts in American Democracy, Kermit L. Hall & Kevin McGuire eds. (Oxford University Press, 2005). [CU]

    "Skinner v. Raliway Labor Executives Association," in Oxford Companion to the Supreme Court of the United States, Kermit L. Hall, James W. Ely & Joel B. Grossman eds. (Oxford University Press, 2005). [CU]

    "Arlington Heights v. Metropolitan Housing Development Corp.," in Oxford Companion to the Supreme Court of the United States, Kermit L. Hall, James W. Ely & Joel B. Grossman eds. (Oxford University Press, 2005). [CU]

    "Mobile v. Holden," in Oxford Companion to the Supreme Court of the United States, Kermit L. Hall, James W. Ely & Joel B. Grossman eds. (Oxford University Press, 2005). [CU]

    "National Treasury Employees Union v. Von Raab," in Oxford Companion to the Supreme Court of the United States, Kermit L. Hall, James W. Ely & Joel B. Grossman eds. (Oxford University Press, 2005). [CU]

    "Personnel Administrator of Massachusetts v. Feaney," in Oxford Companion to the Supreme Court of the United States, Kermit L. Hall, James W. Ely & Joel B. Grossman eds. (Oxford University Press, 2005). [CU]

    "Washington v. Davis," in Oxford Companion to the Supreme Court of the United States, Kermit L. Hall, James W. Ely & Joel B. Grossman eds. (Oxford University Press, 2005). [CU]

    "Housing Discrimination," in Oxford Companion to the Supreme Court of the United States, Kermit L. Hall, James W. Ely & Joel B. Grossman eds. (Oxford University Press, 2005). [CU]

    "The Sorrow and the Pity: Kent State, Political Dissent, and the Misguided Worship of the First Amendment," in The boundaries of freedom of expression & order in American democracy, Thomas R. Hensley ed. (Kent State University Press, 2001). [CU]

    "Hope and Despair - First Amendment Doctrine, Human Nature, and the Protection of Political Dissent," in The Boundaries of Freedom of Expression & Order in American democracy, Thomas R. Hensley ed. (Kent State University Press, 2001). [CU]

    "Constitutional Cants," in Beyond the Republic : Meeting the Global Challenges to Constitutionalism, Charles Sampford & Tom Round eds. (Federalism Press, 2001). [CU]

    "The Autonomy of Local Courts from Central Power: The U. S. Experience," in Justice and Self-Government, Virginia Salaberria ed. (International Institute for the Sociology of Law, 2000) (in Spanish and Basque). [CU]

    "Courts and Social Change, I," in Encyclopedia of the American Constitution, Leonard W. Levy & Kenneth L. Karst eds. (Macmillan, 2000). [CU]

    "Knowledge and Desire: Thinking About Courts and Social Change," in Leveraging the Law: Using Courts to Achieve Social Change, Peter Lang & David Schultz eds. (P. Lang, 1998). [CU]

    "The Irrelevant Court: The Supreme Court's Inability to Influence Popular Beliefs about Equality (or anything else)," in Redefining Equality, Neal Devins & Dave Douglas eds. (Oxford, 1998). [CU]

    "The Real World of Constitutional Rights : The Supreme Court and the Implementation of the Abortion Decisions," in Contemplating Courts, Lee Epstein ed. (CQ Press, 1995). [CU]

    "The Real World of Democratic Community: A Reply to Robert Post," in Democratic Community, John William Chapman ed. (NYU Press, 1993). [CU]

Other Publications

    "Preserving Segregation and White-Washing Racism (reviewing Anders Walker, The Ghost of Jim Crow: How Southern Moderates Used Brown v. Board of Education to Stall Civil Rights (2009))," H-Law, H-Net Reviews, April 2010. [WWW]

    "High Court Nominees: The Family Debate," Chicago Tribune, October 4, 2005, at p. 1-23.

    "What the Court Can't Do," New York Times, September 22, 1991, at p. 4-17.