ABSTRACT
Legal scholars have devoted considerable attention to analysis regarding the utility of litigation as a resource for social reform in the United States. Studies explored and demonstrated many of the ideological, organizational, and financial limitations on reform litigation Stuart Scheingold identified. The legacy of litigation proved crucial in yet other ways. Many paralleled Scheingold’s earlier study in their emphasis on legal culture and ideology, the indirect effects of litigation for parties locked into social conflict, and the ambiguous role of law as both a resource and constraint for differently situated citizens. Gerald Rosenberg has contributed an ambitious new book to the legacy of scholarly debates regarding legal tactics and social reform. From opening statements, through repeated cross-examinations, to closing statement, the liberal optimist position is subjected to a trial seeking to verify beyond reasonable doubt Gerald Rosenberg’s critical allegations.
