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Gerald Rosenberg's Dynamic Court Case

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Gerald Rosenberg's Dynamic Court Case
Legal scholars and sociologists have debated the effectiveness of litigation and whether it is an effective tool for bringing social change to marginalized groups. Gerald Rosenberg is one of the legal scholars that believes that courts are ineffective due to the fact they are inherently constrained by political and constitutional limitations. According to his first perspective, Rosenberg believes courts by design are unable to hear social reform claims, courts lack independence from the political branches/public opinion and lack the power to implement their decisions (McCann 1992, 717). His second perspective the “dynamic court view” he argues that the dynamic court contains a judiciary that is powerful and can be starters of change, but not

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