FREE SHIPPING

on all orders of $59 or more

$8 OFF your purchase of $100 or more!
Use coupon code WEDNESDAY in checkout.

The Litigation State

, by
The Litigation State by Farhang, Sean, 9780691143828
Note: Supplemental materials are not guaranteed with Rental or Used book purchases.
  • ISBN: 9780691143828 | 069114382X
  • Cover: Paperback
  • Copyright: 8/2/2010
  • Rent Textbook

    (Recommended)

    $34.76
     
    Term
    Due
    Price
  • Buy New Textbook

    Usually Ships in 3-5 Business Days

    $35.65
  • eTextbook

    Available Instantly

    Online: 365 Days

    Downloadable: Lifetime Access

    $45.00
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 such private lawsuits are deliberately cultivated by Congress 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.

You might also enjoy...



Please wait while the item is added to your bag...