Having read their book first, I was disappointed in Smith's presentation of that alternative explanatory model of how judges decide cases. He raises the issue of whether courts are legitimate makers of public policy. He also discusses whether courts have capacity to make policy. With respect to the substantive policy chapters, there can be much or little to discuss, depending on one's point of view. I will take some middle ground.
Chapter Four discusses school desegregation.
The prejudicial attitudes and discriminatory actions directed by the white majority toward African-Americans produced, among other things, discrimination in employment and housing, poverty, police brutality, and unequal access to public services. It merely shows that, like other policy- makers, the breadth of authority needed by judges for implementing effective policies can be limited by developments in the political system. A general complaint I have is that Smith doesn't name a lot of cases he summarizes. He should name the cases. Chapter Five discusses education policymaking in state courts.