ERIC Number: ED253022
Record Type: RIE
Publication Date: 1984-Aug
Reference Count: 0
Purse, Sword, and Judgment: The Impact of Court Intervention on Social Policy.
Jensen, Donald N.
The trend toward policymaking by the courts is reviewed, and the following four issues are considered: (1) the direct and indirect impact of court intervention on social policy outcomes; (2) the effect of that intervention on the process of policymaking; (3) the extent to which court intervention has shaped the politics policymaking in a particular issue area; and (4) the issues, priorities, political environment and organizational setting that determine court impact. A comparative study is made of two issue areas that typify judicially mandated reform--prisons and special education. Distinctions between the two settings--school systems and penal institutions--are noted for organizational structure and operations, stated and operational goals, and the relevance of professionalism. The emergence of public law litigation and the effects of judicial attempts to reform public institutions are briefly considered, followed by detailed analysis of four decisions (Pennsylvania Association of Retarded Children v. Commonwealth of Pennsylvania, Jose P. v. Ambach, Rhem v. Malcolm, and Palmigiano v. Garrahy). Four major determinants of the impact of institutional reform litigation are identified: issue, organizational setting, professionalism, and environmental factors. A final chapter summarizes the evolution of the court's role in each of the four cases and suggests that the courts may behave much like the unaccountable bureaucracies they are called upon to reform. (CL)
Publication Type: Reports - Research
Education Level: N/A
Sponsor: National Inst. of Education (ED), Washington, DC.
Authoring Institution: N/A