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There is a veritable mountain of scholarship and popular commentary on the Solicitor General's role and relationship with the Supreme Court. But virtually none of it has addressed this last phenomenon, even as more attention is being paid to the Court's \"shadow docket,\" that is, the significant volume of orders and summary decisions that the Court issues without full briefing and oral argument. This Essay aims to fill that gap.

Since the Coleman Report, many have questioned whether public school spending affects student outcomes. The school finance reforms that began in the early 1970s and accelerated in the 1980s caused dramatic changes to the structure of K–12 education spending in the United States. To study the effect of these school finance reform–induced changes in public school spending on long-run adult outcomes, we link school spending and school finance reform data to detailed, nationally representative data on children born between 1955 and 1985 and followed through 2011. We use the timing of the passage of court-mandated reforms and their associated type of funding formula change as exogenous shifters of school spending, and we compare the adult outcomes of cohorts that were differentially exposed to school finance reforms, depending on place and year of birth. Event study and instrumental variable models reveal that a 10% increase in per pupil spending each year for all 12 years of public school leads to 0.31 more completed years of education, about 7% higher wages, and a 3.2 percentage point reduction in the annual incidence of adult poverty; effects are much more pronounced for children from low-income families. Exogenous spending increases were associated with notable improvements in measured school inputs, including reductions in student-to-teacher ratios, increases in teacher salaries, and longer school years.

O texto analisa a necessidade de expedição de precatórios em caso de decisão judicial ou arbitral transitada em julgado, que obrigue o poder público a pagar, em caso de haver empenho de despesa que garanta o pagamento dos valores contratados. A conclusão é que tal exigência não é necessária, por meio de uma interpretação contemporânea do art. 100, CF, que integra a garantia representada pelo empenho na fase administrativa, com a programação financeira da fase judicial ou arbitral. 

In this paper, we investigate whether the school desegregation produced by courtordered desegregation plans persists when school districts are released from court oversight. Over 200 medium-sized and large districts were released from desegregation court orders from 1991 to 2009. We find that racial school segregation in these districts increased gradually following release from court order, relative to the trends in segregation in districts remaining under court order. These increases are more pronounced in the South, in elementary grades, and in districts where prerelease school segregation levels were low. These results suggest that court-ordered desegregation plans are effective in reducing racial school segregation, but that their effects fade over time in the absence of continued court oversight. © 2012 by the Association for Public Policy Analysis and Management.

American public schools experienced a substantial reduction of black-white segregation after the Supreme Court ordered the immediate desegregation of Mississippi schools in 1969. Past research has shown that progress slowed by the 1990s, with some arguing that segregation actually began to rebound. This study is the first to examine enrollment data for each decade between 1970 and 2010 for a comprehensive set of districts across the country and also the first to include data for 1980 for a national sample of districts. It provides definitive evidence that most desegregation occurred in the 1970s, with little subsequent change. It also addresses two questions about the desegregation process. First, how closely was it tied to court orders for a particular school district or for a neighboring district? Desegregation was greatest in response to a legal mandate, but it also extended to districts that never faced court action. Second, what was the effect of mandates on white flight? White student enrollment declined generally in these decades but more in districts that faced a mandate in the immediate past decade. White flight contributed to a modest increase in segregation between school districts, but desegregation within districts was sufficient to result in a large net decline at a metropolitan level.

This article traces a history of an elite yet informal neighbourhood of Bani Gala in the planned modern city of Islamabad in Pakistan. By focusing on the role of elite homebuilders in the informal development of Bani Gala, this study expands on recent scholarship on urban informality that recognises the participation of the urban elite in informal spatial practices, traditionally associated with the urban poor. This article highlights the contentious nature of elite informal urbanism in Bani Gala as its privileged residents mobilised their networks of personal resources and political connections, developed incongruous alliances, and mimicked bureaucratic devices to ultimately legitimise their illegal building activities through court decisions. An analysis of the changes in the zoning regulations of Islamabad following the court orders on Bani Gala shows how its elite residents were not only able to re-imagine a planned modern space differently from its official conception but were also able to initiate a process that instituted major structural changes to the overall planning framework of the city. The history of Bani Gala as an elite informal neighbourhood, thus, emerges as an important episode in the history of Islamabad as a comprehensively planned city and points to a new form of entitled urbanism rooted in decidedly informal origins. 本文追溯了在巴基斯坦经过规划的现代城市伊斯兰堡，班尼加拉（Bani Gala）作为精英集聚的非正规社区的一段历史。本研究重点关注精英住宅建造者在班尼加拉的非正规发展中所扮演的角色，借此，我们扩展了近期关于城市非正规性的学术研究。我们确认了城市精英在非正规空间行为中所扮演的角色，而传统上一般将此类行为与城市贫民相联系。本文凸显了班尼加拉精英非正规都市集中的争夺性。这里的特权居民调动个人资源和政治联系网络、形成了一个高高在上的联盟，他们模仿官僚机构一样运作，通过法院裁决最终使非法建设活动合法化。法庭签发与班尼加拉相关的命令后，伊斯兰堡分区规划条例产生了变化。通过分析这些变化，我们发现精英居民的能力不仅限于重新设想出一个与官方概念不同的现代空间规划。他们还能够启动相关程序，对城市的总体规划框架作出重大结构性调整。班尼加拉作为为精英非正规社区的历史因而成为了伊斯兰堡历史上有关城市整体规划的重要事件，并且代表了一种新的精英都市集中形式，其起源显然是不正规的。

Enforcement of court orders remains an acute problem even in developed countries. The study aims to analyze how well court orders are enforced in different countries, including the United States, the European Union, and the Commonwealth of Independent States, to identify its strong and weak sides. Comparative jurisprudence was chosen as the leading research method, and it allowed analyzing the features of various systems of judgments execution. The empirical material was formed by some decisions of the European Court of Human Rights and the reports of the European Commission on the Efficiency of Justice. The article substantiates the possibility of effective coexistence of the state and private systems for the enforcement of court orders. The author names the judge making the wrong choice of the means of restoring the violated law and order as one of the reasons leading to non-enforcement of court orders. The article discusses the minimum qualification level of the bailiff and vocational guidance for students pursuing a degree in law for future work in this field. The central idea of the paper is that implementation of judicial decisions is an element of the efficient justice, without which the rule of law is impossible.

American administrative law is grounded in a conception of the relationship between reviewing courts and agencies modeled on the relationship between appeals courts and trial courts in civil litigation. This appellate review model was not an inevitable foundation of administrative law, but it has had far-reaching consequences, and its origins are poorly understood. This Article details how the appellate review model emerged after 1906 as an improvised response by the U.S. Supreme Court to a political crisis brought on by aggressive judicial review of decisions of the Interstate Commerce Commission. Once the jerry-built model was in place, Congress signaled its approval, and an academic—John Dickinson—wrote a persuasive book extolling its virtues. As a result, the appellate review model became entrenched by the 1920s and eventually spread to all of administrative law. The early adoption of the appellate review model helps explain why the Supreme Court never seriously grappled with Article III problems created by the widespread use of administrative agencies to adjudicate cases once the New Deal and the expansion of the administrative state arrived. It aho helps explain why the judiciary has played such a large role in the development of administrative policy in the United States relative to other legal systems.

In September 2008, Hurricane Ike caused massive damages to Galveston Island’s residential structures including four public housing developments. These developments were located in neighborhoods with some of the lowest incomes and highest percentages of people of color on the Island. Four months later, the Galveston Housing Authority (GHA) decided to demolish all four developments consisting of 569 housing units due to the damages to the buildings. Today, despite federal regulations requiring reconstruction, court orders mandating replacement of the demolished units, and available funding, only 142 low-income apartments have been rebuilt. We used the social vulnerability framework to understand these outcomes through the ability of groups to shape post-disaster recovery decisions. This paper argues that one of the overlooked characteristics of social vulnerability is a diminished ability to participate in post-disaster decision-making. We found that social vulnerability limited participation through three distinct mechanisms: the physical displacement of public housing residents, the stigmatization of public housing, and the reduction of residents to housing units in the debates. There were few local advocates arguing for the preservation of public housing units and even fewer remaining residents to speak up for themselves in the face of strong local resistance to the reconstruction of public housing units or the return of public housing residents. The void of a strong and authentic local pro-public housing perspective in Galveston provided an opening for various local campaigns to claim that their desired plan benefited the poor. The disaster recovery became an opportunity to remove or reduce public housing units and therefore public housing residents. Our findings show the dynamic features of vulnerability. While static factors of vulnerability can limit access to resources for recovery, dynamic processes of social marginalization and exclusion limit the voices of socially vulnerable groups in recovery decisions and exacerbate marginalization.

Criminal sanctions including court orders, prosecution and imprisonment persist as responses to suicidality in the UK even where there is no public danger. Their prevalence, the level of clinical involvement and outcomes are unclear. There is an urgent need to examine the national picture of harms, benefits and the responsibilities of mental health professionals.