Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Models and Methods
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Sean Farhang
The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …
Complementary Institutions And Reflexive Governance In Autonomous Social Law, Richard R. Weiner
Complementary Institutions And Reflexive Governance In Autonomous Social Law, Richard R. Weiner
Richard R Weiner
We approach institutions as stabilizing structures with consequences of functional incorporateness. Yet we also imagine, assert and enact claims and warrants as institutionalizable practices. There are functional supports. And there are the warranted claims of categorical normativity. Normativity in itself can be understood in terms of compliance with or acquiescence in legitimating structures. Yet normativity itself can be understood as a solidarism we intersubjectively co-constitute. The challenge in political thought has been dealing with the disincorporateness associated with modernity, specifically how a new order and dialogue may be of heterogeneous social values. A new way of ordering socioeconomic relationships of …