Making Rights Real: Activists, Bureaucrats, and the Creation of the Legalistic State

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Author: Charles R. Epp

ISBN-10: 0226211657

ISBN-13: 9780226211657

Category: Civil Rights - African American History

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It’s a common complaint: the United States is overrun by rules and procedures that shackle professional judgment, have no valid purpose, and serve only to appease courts and lawyers. Charles R. Epp argues, however, that few Americans would want to return to an era without these legalistic policies, which in the 1970s helped bring recalcitrant bureaucracies into line with a growing national commitment to civil rights and individual dignity.   Focusing on three disparate policy areas—workplace sexual harassment, playground safety, and police brutality in both the United States and the United Kingdom—Epp explains how activists and professionals used legal liability, lawsuit-generated publicity, and innovative managerial ideas to pursue the implementation of new rights. Together, these strategies resulted in frameworks designed to make institutions accountable through intricate rules, employee training, and managerial oversight. Explaining how these practices became ubiquitous across bureaucratic organizations, Epp casts today’s legalistic state in an entirely new light. 

1 Introduction 12 Theory: The Fertile Fear of Liability 133 The Problem with Policing 314 Liability's Triumph 595 Policing's Epiphany 936 Spreading the Word: Variations among Police Departments 1157 Tort Liability and Police Reform in Britain 1398 Sexual Harassment 1659 Playground Safety 19710 Conclusion 215Methodological Appendix 233Notes 265Bibliography 321Index 345