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Author: Sean Farhang
Publisher: Princeton University Press
ISBN: 1400836786
Category : Law
Languages : en
Pages : 321
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Book Description
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.
Author: Sean Farhang
Publisher: Princeton University Press
ISBN: 1400836786
Category : Law
Languages : en
Pages : 321
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Book Description
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.
Author: John E. Floyd
Publisher: American Bar Association
ISBN: 9781570733963
Category : Law
Languages : en
Pages : 1020
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Book Description
Author: Sean Farhang
Publisher:
ISBN:
Category :
Languages : en
Pages : 528
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Book Description
Author: Robert I. Simon
Publisher: American Psychiatric Pub
ISBN: 1585627798
Category : Medical
Languages : en
Pages : 496
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Book Description
"Why did the defendant do it?" Mental health professionals are asked to help courts answer this question. To serve justice, the law calls for evidence of the mental state at the time a crime is committed, of suicide intent in civil litigation, and of mental capacity in contract litigation. The law asks psychiatrists and psychologists to retrospectively determine mental states -- a daunting task made even more difficult by the passage of time, the uncertain credibility of witnesses, the paucity of collateral sources of information, and often the death of the person in question. This is the first book dedicated entirely to the retrospective assessment of mental states. This fascinating book explores the role of the psychiatrist and psychologist, as an expert witness in litigation, in rendering a retrospective judgment of an individual's mental state. Distinguished contributors apply their expertise in psychiatry, psychology, and the law to address the problems of retrospective assessment. With the goal of developing guidelines for more accurate retrospective assessment of mental states, they present topics such as Guidelines for conducting retrospective assessments in children and adults Guidelines for the retrospective assessment without benefit of direct examination Assessments of suicide cases in both civil and criminal litigation Psychological testing and interviewing techniques that may assist in retrospective assessment Methods and analysis to help clinicians and attorneys critically evaluate the search for "truth" about the past. This remarkable book will prove indispensable for helping clinicians, lawyers, and judges better understand the complex and difficult process of retrospective reconstruction of mental states.
Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 292
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Book Description
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Stephen B. Burbank
Publisher: Cambridge University Press
ISBN: 110818409X
Category : Law
Languages : en
Pages : 299
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Book Description
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.
Author: Walter K. Olson
Publisher: Plume Books
ISBN:
Category : Actions and defenses
Languages : en
Pages : 410
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Book Description
Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.
Author: Jeffrey W. Stempel
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 564
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Book Description
This text examines the 25-year case that began as an auto accident and concluded by making constitutional law. It produced both a hotly contested negligence trial and a pathbreaking insurance bad faith case. Along the way, both the Utah and United States Supreme Courts would make significant rulings on settlement, evidence, and punitive damages. The text demonstrates the manner in which many strands of law and policy coalesce in a lawsuit, illustrating the modern legal landscape of torts, civil litigation, contracts, evidence, insurance, professional responsibility, and negotiation and settlement, as well as trial practice.
Author: Marcy Hogan Greer
Publisher: American Bar Association
ISBN: 9781604429558
Category : Class actions (Civil procedure)
Languages : en
Pages : 1412
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Book Description
Complete with a state-by-state analysis of the ways in which the class action rules differ from the Federal Rule of Civil Procedure 23, this comprehensive guide provides practitioners with an understanding of the intricacies of a class action lawsuit. Multiple authors contributed to the book, mainly 12 top litigators at the premiere law firm of Fulbright and Jaworski, L.L.P.
