Share this

No Day in Court: Access to Justice and the Politics of Judicial Retrenchment, Sarah Staszak

Reviewed by Amanda Reid

BUY

 

Sarah Staszak’s thoughtful book powerfully makes the case that there is a complex, multifaceted phenomenon of judicial retrenchment. She takes a historical institutional approach to examining the politics and processes that have scaled back access to the traditional court system. By tracing intersecting and overlapping actors who have influenced the progression of judicial retrenchment, she notes that the animating forces behind retrenchment are far from homogenous.

Some forces, such as the conservative antilitigation agenda, are clearly partisan, but other forces are concerned with protecting the integrity of the judiciary. Thus, rather than a unified and concerted effort, retrenchment has been fueled by both classic partisan politics and the ideology of institutional maintenance. Yet the cumulative effect of these various forces has diminished access to the courts, particularly for civil rights plaintiffs (p. 114).

Staszak’s historical approach carefully illuminates the complicated story of judicial retrenchment. She situates her analysis within the literature on institutional change and supports her thesis with four case studies. The first case study is “Changing the Decision Makers,” which examines the growth of alternative dispute resolution (ADR) practices that empowered nonjudicial actors to resolve legal disputes rathe

To continue reading, see options above.

About PSQ's Editor

Demetrios James Caraley

Full Access

Join the Academy of Political Science and automatically receive Political Science Quarterly.

Editor’s spotlight

Developments in Beijing

The Varieties of Collective Financial Statecraft: The BRICS and China
LESLIE ELLIOTT ARMIJO

Chinese Thinking on the South China Sea and the Future of Regional Security
FENG ZHANG

Search the Archives

Publishing since 1886, PSQ is the most widely read and accessible scholarly journal with distinguished contributors such as: Lisa Anderson, Robert A. Dahl, Samuel P. Huntington, Robert Jervis, Joseph S. Nye, Jr., Theda Skocpol, Woodrow Wilson

view additional issues

New APS Book

Continuing Issues in U.S. National Security Policy   CONTINUING ISSUES IN U.S. NATIONAL SECURITY POLICY

Most read

Articles | Book reviews

Understanding the Bush Doctrine
Robert Jervis

The Study of Administration
Woodrow Wilson

Notes on Roosevelt's "Quarantine" Speech
Dorothy Borg

view all

About US

Academy of Political Science

The Academy of Political Science, promotes objective, scholarly analyses of political, social, and economic issues. Through its conferences and publications APS provides analysis and insight into both domestic and foreign policy issues.

Political Science Quarterly

With neither an ideological nor a partisan bias, PSQ looks at facts and analyzes data objectively to help readers understand what is really going on in national and world affairs.

Stay Connected

newsstand locator
About APS