Federalism is one of the most influential concepts in modern political discourse as well as the focus of immense controversy resulting from the lack of a single coherent definition. Malcolm M. Feeley and Edward Rubin expose the ambiguities of modern federalism, offering a powerful but generous treatise on the modern salience of the term.Malcolm Feeley and Edward Rubin have published an excellent book.” Sanford Levinson, University of Texas at AustinAt last, an insightful examination of federalism stripped of its romance. An absolutely splendid book, rigorous but still accessible.” Larry Yackle, Boston University
Professors Feeley and Rubin clearly define what is and is not federal system. This book should be required for serious students of comparative government and American government.” G. Ross Stephens, University of Missouri, Kansas City 
Feeley and Rubin have written a brilliant book that looks at federalism from many different perspectiveshistorical, political, and constitutional. Significantly expanding on their earlier pathbreaking work, they have explained the need for a theory of federalism and provided one. This is a must read book for all who are interested in the Constitution.” Erwin Chemerinsky, Duke University School of Law

Federalism: Political Identity and Tragic Compromise

Politics & Social Sciences

Rubin, Edward L.

Feeley, Malcolm M.

Politics & Government

Univ of Michigan Pr

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.

Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons (Cambridge Studies in Criminology)

Social Sciences

Cambridge University Press

The case excerpts contained in this text are preceded by essays that place each case in its historical, political, and constitutional perspective. Among the major topics covered are judicial review and court power, separation of powers, national authority over commerce and taxation, freedom of expression, freedom of religion, rights of the accused, and equal protection.

Constitutional Law

Krislov, Samuel

Rules & Procedures

Scott, Foresman Co.

It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal “due process” is preferred by all of the court’s participants, and especially by defendants. Moreover, he argues, “it is not all clear that as a group defendants would be better off in a more ‘formal’ court system,” since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney’s fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court.
Focusing on New Haven, Connecticut’s, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to “teach the defendant a lesson.” In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more “just” than they are usually given credit for being. “... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies.”— Barry Mahoney, Institute for Court Management, Denver“It is grounded in a firm grasp of theory as well as thorough field research.”—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women.”—Paul Wiles, Law &amp; Society Review.
"This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal

The Process is the Punishment: Handling Cases in a Lower Criminal Court

Russell Sage Foundation

It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law &amp; Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal

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 &amp; 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.

Court Reform on Trial: Why Simple Solutions Fail (Classics of Law & Society)

Quid Pro, LLC

See the best price to sell, buy, or rent books by Feeley, Malcolm M.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Feeley, Malcolm M.

See the best price to sell, buy, or rent books by Feeley, Malcolm M.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Federalism: Political Identity and Tragic Compromise

Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons (Cambridge Studies in Criminology)

Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons (Cambridge Studies in Criminology)

Constitutional Law

The Process is the Punishment: Handling Cases in a Lower Criminal Court

The Process is the Punishment: Handling Cases in a Lower Criminal Court

Court Reform on Trial: Why Simple Solutions Fail (Classics of Law & Society)