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The Litigation State
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 Stateshows 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 Stateinvestigates how American political institutions shape the strategic design of legislation to mobilize private lawsuits for policy implementation.
eBook
American terrorism trials : prosecutorial and defense strategies
Since 1980, prosecutors and defense attorneys handling federal terrorism trials have developed politicized strategies and counter strategies unique to terrorism trials, and those strategies have had a significant impact on case outcomes. Moreover, case outcomes were positively impacted by proactive policy changes implemented in the wake of 9/11. Building on structural contextual theory and the hydraulic effect, Shields finds that when prosecutors rely less heavily on highly politicized prosecution strategies, conviction rates increased. In fact, his findings indicate that the more prosecutors politicize a case, the more likely the case goes to trial, increasing the odds of acquittal.
eBook
From the Closet to the Courtroom
The advancement of LGBT rights has occurred through struggles large and small-on the streets, around kitchen tables, and on the Web. Lawsuits have also played a vital role in propelling the movement forward, and behind every case is a human story: a landlord in New York seeks to evict a gay man from his home after his partner of ten years dies of AIDS; school officials in Wisconsin look the other way as a gay teenager is repeatedly and viciously harassed by other students; a lesbian couple appears unexpectedly at a clerk's office in Hawaii seeking a marriage license.Engaging and largely untold, From the Closet to the Courtroom explores how five pivotal lawsuits have altered LGBT history. Beginning each case narrative at the center-with the litigants and their lawyers-law professor Carlos Ball follows the stories behind each crucial lawsuit. He traces the parties from their communities to the courtroom, while deftly weaving in rich sociohistorical context and analyzing the lasting legal and political impact of each judicial outcome.Over the last twenty years, no group of attorneys has helped to transform this country more than LGBT rights lawyers, and surprisingly, their collective accomplishments have received relatively little attention. Ball remedies that by exploring how a band of largely unheralded civil rights lawyers have attained remarkable legal victories through skill, creativity, and perseverance.In this richly layered and multifaceted account, Ball vividly documents how these judicial victories have significantly altered LGBT lives today in ways that were unimaginable only a generation ago.From the Hardcover edition.
eBook
Climate change litigation : regulatory pathways to cleaner energy
\"This examination of the role of litigation in addressing the problem of climate change focuses not only on how the massive and growing number of lawsuits influences regulation directly, but also on how the lawsuits shape corporate behaviour and public opinion. It provides readers with an understanding of how these lawsuits have shaped approaches to mitigation and adaptation, and have been used to try to force and to block regulation. There is a particular emphasis on lawsuits in the United States and Australia, the two jurisdictions which have had the most climate change litigation in the world, and the lessons provide broader insights into the role of courts in addressing climate change\"-- Provided by publisher.
Book
Civil justice reconsidered : toward a less costly, more accessible litigation system
\"In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself\"--Publisher's web site, viewed February 10, 2017.
Book
The Rising Behemoth
Over the last few decades, multidistrict litigation in the federal courts has exploded. Originally a mechanism for consolidating relatively small numbers of commercial cases, with the advent of large-scale mass tort litigation, it has become the primary vehicle for resolving hundreds of thousands of tort claims pending in the federal court system. From asbestos to opioids, MDL proceedings are now used to resolve many of the largest and most high-profile disputes. In recent years, however, participants in multidistrict litigation have expressed significant dissatisfaction. Defendants maintain that MDL proceedings attract large numbers of meritless claims and that many MDL courts are failing to provide sufficient scrutiny to the claims that are filed. As a result, defendants are overwhelmed with large numbers of meritless cases and face significant pressure to settle, providing compensation for many claims that should not have been filed in the first place.From filing to resolution through litigation or settlement, The Rising Behemoth addresses each of the steps in large-scale MDL litigation in the federal courts. In the process, it significantly advances the debate regarding modern MDL practice and offers concrete suggestions for ways in which the system can be improved.
eBook