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: 2389

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: 7860

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: 7208

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: 7383

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

Lawyers, Lawsuits, and Legal Rights

The Battle Over Litigation in American Society

Author: Thomas F. Burke

Publisher: Univ of California Press

ISBN: 0520243234

Category: Law

Page: 267

View: 8497

"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics
Posted in Law

Rights and Retrenchment

The Counterrevolution against Federal Litigation

Author: Stephen B. Burbank,Sean Farhang

Publisher: Cambridge University Press

ISBN: 110818409X

Category: Law

Page: N.A

View: 3038

This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
Posted in Law

Disarmed

The Missing Movement for Gun Control in America

Author: Kristin A. Goss

Publisher: Princeton University Press

ISBN: 9781400837755

Category: Political Science

Page: 312

View: 9092

More than any other advanced industrial democracy, the United States is besieged by firearms violence. Each year, some 30,000 people die by gunfire. Over the course of its history, the nation has witnessed the murders of beloved public figures; massacres in workplaces and schools; and epidemics of gun violence that terrorize neighborhoods and claim tens of thousands of lives. Commanding majorities of Americans voice support for stricter controls on firearms. Yet they have never mounted a true national movement for gun control. Why? Disarmed unravels this paradox. Based on historical archives, interviews, and original survey evidence, Kristin Goss suggests that the gun control campaign has been stymied by a combination of factors, including the inability to secure patronage resources, the difficulties in articulating a message that would resonate with supporters, and strategic decisions made in the name of effective policy. The power of the so-called gun lobby has played an important role in hobbling the gun-control campaign, but that is not the entire story. Instead of pursuing a strategy of incremental change on the local and state levels, gun control advocates have sought national policies. Some 40% of state gun control laws predate the 1970s, and the gun lobby has systematically weakened even these longstanding restrictions. A compelling and engagingly written look at one of America's most divisive political issues, Disarmed illuminates the organizational, historical, and policy-related factors that constrain mass mobilization, and brings into sharp relief the agonizing dilemmas faced by advocates of gun control and other issues in the United States.
Posted in Political Science

American Exceptionalism and Human Rights

Author: Michael Ignatieff

Publisher: Princeton University Press

ISBN: 9781400826889

Category: Political Science

Page: 368

View: 4230

With the 2003 invasion and subsequent occupation of Iraq, the most controversial question in world politics fast became whether the United States stands within the order of international law or outside it. Does America still play by the rules it helped create? American Exceptionalism and Human Rights addresses this question as it applies to U.S. behavior in relation to international human rights. With essays by eleven leading experts in such fields as international relations and international law, it seeks to show and explain how America's approach to human rights differs from that of most other Western nations. In his introduction, Michael Ignatieff identifies three main types of exceptionalism: exemptionalism (supporting treaties as long as Americans are exempt from them); double standards (criticizing "others for not heeding the findings of international human rights bodies, but ignoring what these bodies say of the United States); and legal isolationism (the tendency of American judges to ignore other jurisdictions). The contributors use Ignatieff's essay as a jumping-off point to discuss specific types of exceptionalism--America's approach to capital punishment and to free speech, for example--or to explore the social, cultural, and institutional roots of exceptionalism. These essays--most of which appear in print here for the first time, and all of which have been revised or updated since being presented in a year-long lecture series on American exceptionalism at Harvard University's John F. Kennedy School of Government--are by Stanley Hoffmann, Paul Kahn, Harold Koh, Frank Michelman, Andrew Moravcsik, John Ruggie, Frederick Schauer, Anne-Marie Slaughter, Carol Steiker, and Cass Sunstein.
Posted in Political Science

The New Terrain of International Law

Courts, Politics, Rights

Author: Karen J. Alter

Publisher: Princeton University Press

ISBN: 1400848687

Category: Political Science

Page: 480

View: 3188

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
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: 2843

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

International Abstracts of Human Resources

A Guide to the Literature of Management, Human Resources, and Personnel

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Labor supply

Page: N.A

View: 9459

Posted in Labor supply

Comparative Law and Regulation

Understanding the Global Regulatory Process

Author: Francesca Bignami,David Zaring

Publisher: Edward Elgar Publishing

ISBN: 1782545611

Category: Law

Page: 608

View: 9478

Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.
Posted in Law

The Rights Revolution Revisited

Author: Lynda G. Dodd

Publisher: Cambridge University Press

ISBN: 1107164737

Category: Law

Page: 400

View: 8277

Examines the implementation of the rights revolution, bringing together a distinguished group of political scientists and legal scholars who study the roles of agencies and courts in shaping the enforcement of civil rights statutes.
Posted in Law

Whitaker's Books in Print

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Bibliography, National

Page: N.A

View: 9973

Posted in Bibliography, National

Southern Nation

Congress and White Supremacy after Reconstruction

Author: David A. Bateman,Ira Katznelson,John S. Lapinski

Publisher: Princeton University Press

ISBN: 1400890144

Category: Political Science

Page: 480

View: 321

How southern members of Congress remade the United States in their own image after the Civil War No question has loomed larger in the American experience than the role of the South. Southern Nation examines how southern members of Congress shaped national public policy and American institutions from Reconstruction to the New Deal—and along the way remade the region and the nation in their own image. The central paradox of southern politics was how such a highly diverse region could be transformed into a coherent and unified bloc—a veritable nation within a nation that exercised extraordinary influence in politics. This book shows how this unlikely transformation occurred in Congress, the institutional site where the South's representatives forged a new relationship with the rest of the nation. Drawing on an innovative theory of southern lawmaking, in-depth analyses of key historical sources, and congressional data, Southern Nation traces how southern legislators confronted the dilemma of needing federal investment while opposing interference with the South's racial hierarchy, a problem they navigated with mixed results before choosing to prioritize white supremacy above all else. Southern Nation reveals how southern members of Congress gradually won for themselves an unparalleled role in policymaking, and left all southerners—whites and blacks—disadvantaged to this day. At first, the successful defense of the South's capacity to govern race relations left southern political leaders locally empowered but marginalized nationally. With changing rules in Congress, however, southern representatives soon became strategically positioned to profoundly influence national affairs.
Posted in Political Science

Schoolhouses, Courthouses, and Statehouses

Solving the Funding-Achievement Puzzle in America's Public Schools

Author: Eric A. Hanushek,Alfred A. Lindseth

Publisher: Princeton University Press

ISBN: 9781400830251

Category: Education

Page: 432

View: 9929

Spurred by court rulings requiring states to increase public-school funding, the United States now spends more per student on K-12 education than almost any other country. Yet American students still achieve less than their foreign counterparts, their performance has been flat for decades, millions of them are failing, and poor and minority students remain far behind their more advantaged peers. In this book, Eric Hanushek and Alfred Lindseth trace the history of reform efforts and conclude that the principal focus of both courts and legislatures on ever-increasing funding has done little to improve student achievement. Instead, Hanushek and Lindseth propose a new approach: a performance-based system that directly links funding to success in raising student achievement. This system would empower and motivate educators to make better, more cost-effective decisions about how to run their schools, ultimately leading to improved student performance. Hanushek and Lindseth have been important participants in the school funding debate for three decades. Here, they draw on their experience, as well as the best available research and data, to show why improving schools will require overhauling the way financing, incentives, and accountability work in public education.
Posted in Education

Annual Legal Bibliography

Author: Harvard Law School. Library

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 4569

Posted in Law

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: 2878

Posted in American literature

International Law

Norms, Actors, Process

Author: Jeffrey L. Dunoff,Steven R. Ratner,David Wippman

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860952

Category: Law

Page: 960

View: 4009

Written by some of the leading International Law scholars in the nation, this casebook employs a unique problem-based approach to examining international issues. Using real life teaching problems, the text explores the processes of international lawmaking with an interdisciplinary approach that goes beyond mere doctrinal explanation. The Fourth Edition includes new court decisions and expanded coverage of international crises. With comprehensive and well-balanced coverage, this casebook provides a captivating context in which students can define and understand contemporary international law.
Posted in Law