The Litigation State (eBook)

Public Regulation and Private Lawsuits in the U.S.

Sean Farhang (Autor)

eBook Download: EPUB

2010
320 Seiten
Princeton University Press (Verlag)
978-1-4008-3678-9 (ISBN)

Infos

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.

Autor

Sean Farhang is assistant professor in the Goldman School of Public Policy at the University of California, Berkeley.

Produkt-Details

• Erscheint lt. Verlag: 2.8.2010
• Reihe/Serie: Princeton Studies in American Politics
• Reihe/Serie: Princeton Studies in American Politics: Historical, International, and Comparative Perspectives
• Zusatzinfo: 4 line illus. 6 tables.
• Verlagsort: Princeton
• Sprache: englisch
• Themenwelt: Recht / Steuern ► Allgemeines / Lexika
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Zivilverfahrensrecht
• Schlagworte: activism • Advocacy group • Amendment • American Exceptionalism • American rule (attorney's fees) • Appointee • attempt • Attorney's fee • Attorney's Fee Awards • autocorrelation • Bench trial • bureaucrat • Cambridge University Press • Cease and desist • Citizen suit • Civil and Political Rights • Civil Rights Act • Civil Rights Act of 1964 • Civil Rights Act of 1991 • Civil Rights Attorney's Fees Award Act of 1976 • Civil Rights Commission (Puerto Rico) • Class action • Clean Air Act (United States) • Common Law • Conciliation • Consideration • constitutional amendment • Consumer Protection • counsel • damages • default rule • defendant • Employment • employment discrimination • English rule (attorney's fees) • Equal Employment Opportunity Commission • Fair Housing Act • Fair Labor Standards Act • Federal courts (Germany) • Federal government of the United States • federal judge • federal law • Federal Rules of Civil Procedure • Filing (legal) • Goldman School of Public Policy • Governance • Government • Griggs v. Duke Power Co. • hostility • Ideology • implementation • Institution • Judiciary • jury trial • labour law • Lawmaking • Lawsuit • lawyer • Legal Defense Fund • legal process • Legislation • Legislative history • Legislator • National Association for the Advancement of Colored People • National Labor Relations Act • National Labor Relations Board • National Urban League • Of counsel • plaintiff • Policy • Political culture • Precedent • Private attorney general • private sector • Prosecutor • Provision (contracting) • Public Interest • Punitive damages • Regime • Regulation • Regulatory law • regulatory state • Rent-Seeking • Separation of Powers • Sherman Antitrust Act • state actor • State-Building • Statute • Statute of limitations • Statutory Law • Subversion • Suffrage • The Administrative State • Theda Skocpol • Tort • Trade Union • United States federal judge • Veto • Voting • Voting Rights Act of 1965
• ISBN-10: 1-4008-3678-6 / 1400836786
• ISBN-13: 978-1-4008-3678-9 / 9781400836789