The Litigation State

Public Regulation and Private Lawsuits in the U.S.

Author: Sean Farhang

Publisher: Princeton University Press

ISBN: 9781400836789

Category: Law

Page: 320

View: 6412

Of the 1.65 million lawsuits enforcing federal laws over the past decade, 3 percent were prosecuted by the federal government, while 97 percent were litigated by private parties. When and why did private plaintiff-driven litigation become a dominant model for enforcing federal regulation? The Litigation State shows how government legislation created the nation's reliance upon private litigation, and investigates why Congress would choose to mobilize, through statutory design, private lawsuits to implement federal statutes. Sean Farhang argues that Congress deliberately cultivates such private lawsuits partly as a means of enforcing its will over the resistance of opposing presidents. Farhang reveals that private lawsuits, functioning as an enforcement resource, are a profoundly important component of American state capacity. He demonstrates how the distinctive institutional structure of the American state--particularly conflict between Congress and the president over control of the bureaucracy--encourages Congress to incentivize private lawsuits. Congress thereby achieves regulatory aims through a decentralized army of private lawyers, rather than by well-staffed bureaucracies under the president's influence. The historical development of ideological polarization between Congress and the president since the late 1960s has been a powerful cause of the explosion of private lawsuits enforcing federal law over the same period. Using data from many policy areas spanning the twentieth century, and historical analysis focused on civil rights, The Litigation State investigates how American political institutions shape the strategic design of legislation to mobilize private lawsuits for policy implementation.
Posted in Law

Looking for Rights in All the Wrong Places

Why State Constitutions Contain America's Positive Rights

Author: Emily Zackin

Publisher: Princeton University Press

ISBN: 1400846277

Category: Political Science

Page: 248

View: 2235

Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.
Posted in Political Science

Building the Judiciary

Law, Courts, and the Politics of Institutional Development

Author: Justin Crowe

Publisher: Princeton University Press

ISBN: 1400842573

Category: Political Science

Page: 328

View: 6200

How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
Posted in Political Science

When Movements Anchor Parties

Electoral Alignments in American History

Author: Daniel Schlozman

Publisher: Princeton University Press

ISBN: 1400873835

Category: Political Science

Page: 288

View: 5903

Throughout American history, some social movements, such as organized labor and the Christian Right, have forged influential alliances with political parties, while others, such as the antiwar movement, have not. When Movements Anchor Parties provides a bold new interpretation of American electoral history by examining five prominent movements and their relationships with political parties. Taking readers from the Civil War to today, Daniel Schlozman shows how two powerful alliances—those of organized labor and Democrats in the New Deal, and the Christian Right and Republicans since the 1970s—have defined the basic priorities of parties and shaped the available alternatives in national politics. He traces how they diverged sharply from three other major social movements that failed to establish a place inside political parties—the abolitionists following the Civil War, the Populists in the 1890s, and the antiwar movement in the 1960s and 1970s. Moving beyond a view of political parties simply as collections of groups vying for preeminence, Schlozman explores how would-be influencers gain influence—or do not. He reveals how movements join with parties only when the alliance is beneficial to parties, and how alliance exacts a high price from movements. Their sweeping visions give way to compromise and partial victories. Yet as Schlozman demonstrates, it is well worth paying the price as movements reorient parties' priorities. Timely and compelling, When Movements Anchor Parties demonstrates how alliances have transformed American political parties.
Posted in Political Science

Bibliographic Volume

International Organization Bibliography and Resources

Author: Union of International Associations

Publisher: De Gruyter Saur

ISBN: 9783110230345

Category: Political Science

Page: 694

View: 7143

Yearbook of International Organizations is the most comprehensive reference resource and provides current details of international non-governmental (NGO) and intergovernmental organizations (IGO). Collected and documented by the Union of International Associations (UIA), detailed information on international organizations worldwide can be found here. Besides historical and organizational information, details on activities, events or publications, contact details, biographies of the leading individuals as well as the presentation of networks of organizations are included.
Posted in Political Science

Annual Legal Bibliography

Author: Harvard Law School. Library

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 976

Posted in Law

Whitaker's Books in Print

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Bibliography, National

Page: N.A

View: 2949

Posted in Bibliography, National

American Book Publishing Record

ABPR annual cumulative

Author: N.A

Publisher: N.A

ISBN: N.A

Category: United States

Page: N.A

View: 9778

Posted in United States

Subject Guide to Books in Print

An Index to the Publishers' Trade List Annual

Author: N.A

Publisher: N.A

ISBN: N.A

Category: American literature

Page: N.A

View: 1878

Posted in American literature

Forthcoming Books

Author: R.R. Bowker Company. Department of Bibliography

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 9039

Posted in

Common law

Author: Oliver Wendell Holmes

Publisher: N.A

ISBN: 9783428121519

Category: Common law

Page: 423

View: 6666

Posted in Common law

Rechtssoziologie

Author: Niklas Luhmann

Publisher: Springer-Verlag

ISBN: 3322956997

Category: Social Science

Page: 388

View: 8258

Inhalt: Klassische Ansätze zur Rechtssoziologie - Rechtsbildung: Grundlagen einer soziologischen Theorie - Recht als Struktur der Gesellschaft - Positives Recht - Sozialer Wandel durch positives Recht - Rechtssystem und Rechtstheorie.
Posted in Social Science

Die Federalist papers

Author: Alexander Hamilton,James Madison,John Jay

Publisher: C.H.Beck

ISBN: 9783406547546

Category: Constitutional history

Page: 583

View: 3066

Posted in Constitutional history

Die Architektur der Märkte

Author: Neil Fligstein

Publisher: Springer-Verlag

ISBN: 9783531159645

Category: Social Science

Page: 263

View: 1470

Die Architektur der Märkte fasst grundlegende Schriften Neil Fligsteins aus verschiedenen Arbeitsphasen zusammen, in denen er eine wirtschaftssoziologische Sicht auf kapitalistische Gesellschaften entwickelt hat. Fligstein hat mit der These von der sozialen Konstruktion oder Architektur von Märkten auf die Bedeutung des Staates und der modernen Unternehmen aufmerksam gemacht und die institutionelle Rahmung des Wirtschaftslebens in den Mittelpunkt gerückt. Der Band hat nach seinem Erscheinen für große Aufmerksamkeit gesorgt und gilt zu Recht als eine der wegweisenden Aufsatzsammlungen der neueren Wirtschaftssoziologie.
Posted in Social Science

Grundzüge einer Systemtheorie

Principles of Systems

Author: Jay Wright Forrester

Publisher: Springer-Verlag

ISBN: 3663020940

Category: Science

Page: 213

View: 4500

Posted in Science