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CHOICE Review

Smith offers a wonderful introduction to the vexatious and contentious issue about judicial policy making. While people may agree or disagree about whether courts should make policy, there is no question but that they do. Indeed, as Smith notes, some judicial policy making is necessary and legitimate: "The persistent questions are not the simplistic ones concerning whether judicial actions are legitimate, but rather the more complex ones concerning which judicial actions are legitimate." Therefore, given that some judicial policy making is inevitable and legitimate, it is necessary to consider the nature and proper scope of judicial power. How do we distinguish between legitimate and illegitimate uses of judicial power? That serves as Smith's primary question throughout his normative, yet objective, analysis. Smith offers a review of judicial policy making in five areas, namely, school desegregation, education financing, prison reform litigation, abortion, and tort law. Highly recommended for undergraduate and public libraries. M. A. Foley; Marywood College