The Litigation State

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The Litigation State

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Author : Sean Farhang
language : en
Publisher: Princeton University Press
Release Date : 2010-08-02

The Litigation State written by Sean Farhang and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-02 with Law categories.

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.

The Litigation State

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Author : Sean Farhang
language : en
Publisher:
Release Date : 2006

The Litigation State written by Sean Farhang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.

Rights And Retrenchment

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Author : Stephen B. Burbank
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-18

Rights And Retrenchment written by Stephen B. Burbank and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-18 with Law categories.

This book shows how an increasingly conservative Supreme Court has undermined the enforcement of rights through strategies rejected by Congress.

Cases And Problems In Civil Rights Litigation

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Author : John Parry
language : en
Publisher:
Release Date : 2023-07-06

Cases And Problems In Civil Rights Litigation written by John Parry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-06 with categories.

Cases And Problems In Civil Rights Litigation

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Author : John Parry
language : en
Publisher:
Release Date : 2019-07-30

Cases And Problems In Civil Rights Litigation written by John Parry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-30 with categories.

Rico State By State

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Author : John E. Floyd
language : en
Publisher: American Bar Association
Release Date : 1998

Rico State By State written by John E. Floyd and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.

Litigation

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Author :
language : en
Publisher:
Release Date : 1988

Litigation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Civil procedure categories.

Introduction To California Civil Litigation

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Author : Brenda Thomas Wilson
language : en
Publisher:
Release Date : 2006-01-01

Introduction To California Civil Litigation written by Brenda Thomas Wilson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Civil procedure categories.

Transnational Litigation In United States Courts

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Author : Harold Hongju Koh
language : en
Publisher:
Release Date : 2008

Transnational Litigation In United States Courts written by Harold Hongju Koh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Civil procedure categories.

Softbound - New, softbound print book.

Foreign Affairs Litigation In United States Courts

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Author : John Norton Moore
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-09-12

Foreign Affairs Litigation In United States Courts written by John Norton Moore and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-12 with Law categories.

Foreign Affairs Litigation in United States Courts collects essays by some of the nation’s top foreign affairs and international law experts to offer discussions on foreign sovereign immunity and the Foreign Sovereign Immunities Act, human rights litigation, foreign affairs taking actions with the Court of Federal Claims, the Foreign Claims Settlement Commission, and the Hague Convention on Choice of Court Agreements. This is an indispensable resource for attorneys and government officials focused on the role of the courts in foreign affairs, actions against foreign governments in United States courts, the Act of State Doctrine, foreign sovereign immunity, the Foreign Claims Settlement Commission, foreign affairs takings actions in the Court of Federal Claims, and choice of court in international litigation.