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The Ordinary and the Extraordinary in Institutional Litigation
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Journal Article
The Ordinary and the Extraordinary in Institutional Litigation
1980
Overview
Institutional litigation, in which courts are requested to oversee the operation of large public institutions, has been frequently attacked as a departure from the traditional model of litigation. In this Article, Professors Eisenberg and Yeazell argue that the procedures and remedies employed in institutional litigation are not unprecedented but have analogues in older judicial traditions. Nor, they assert, do the doctrines of separation of powers and federalism present any obstacles to institutional litigation. They conclude that the novelty lies in the newly created substantive rights which courts are asked to enforce.
Publisher
Harvard Law Review Association
Subject
/ Civil Rights - legislation & jurisprudence
/ GOVERNMENT-INDUSTRIAL RELATIONS
/ Hospitals, Psychiatric - legislation & jurisprudence
/ Institutional Practice - legislation & jurisprudence
/ JUDICIAL AND ADJUDICATIVE PROCESSES
/ Patient Advocacy - legislation & jurisprudence
