TY - JOUR
AU1 - Zimmerman, Joseph F.
AB - 170 Publius/Fall 1998 Part II (chapters five, six , and seven), analyzes the cases. In chapter five, "The Theory of Judicial Policymaking" Feeley and Rubin identify national standard settings as a goal and offer an explanation about why federal courts were willing to ignore the principle of federalism. This chap- ter is a provocative discussion of how the federal courts, in a systematic fashion, completely rejected the principle of federalism. It is Feeley and Rubin's contention that the federal courts, in general, and the U.S. Supreme Court, in particular, view federalism as a hollow, obsolete prin- ciple of government. The authors conclude that the "justices do not truly contemplate that norms will vary from one state to another, but articulate a single norm and argue that this norm is best implemented by decentral- ized management." Chapter six provides an account of the relationship between prison-re- form cases and the concept of law. Feeley and Rubin discuss how the com- mon law tradition was followed, and the significance of personal beliefs in shaping judicia l decisions. Separation of powers and "Muddling Through" as a decisionmaking strategy are the focus of chapter seven. Readers will find this chapter's discussion of the 
TI - Book Reviews
JF - Publius: The Journal of Federalism
DO - 10.1093/oxfordjournals.pubjof.a029996
DA - 1998-01-01
UR - https://www.deepdyve.com/lp/oxford-university-press/book-reviews-n5wpxMU0WO
SP - 170
EP - 172
VL - 28
IS - 4
DP - DeepDyve
ER -