Diversity Judgments: Democratizing Judicial Legitimacy

Roy L. Brooks (University of San Diego School of Law)

Diversity Judgments: Democratizing Judicial Legitimacy
Format
Paperback
Publisher
Cambridge University Press
Country
United Kingdom
Published
17 March 2022
Pages
400
ISBN
9781108440066

Diversity Judgments: Democratizing Judicial Legitimacy

Roy L. Brooks (University of San Diego School of Law)

The US Supreme Court’s legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both ‘insiders’ (straight white males) and ‘outsiders’ (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court’s legitimacy problem, which is one of process. The Court’s process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.

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