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Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang 2016 Univ of Penn Law School

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 ...


Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang 2016 University of Pennsylvania Law School

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

Sean Farhang

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for ...


Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), Stephen B. Burbank, Sean Farhang, Herbert M. Kritzer 2016 University of Pennsylvania

Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), Stephen B. Burbank, Sean Farhang, Herbert M. Kritzer

Sean Farhang

Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development ...


Federal Court Rulemaking And Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang 2016 University of Pennsylvania Law School

Federal Court Rulemaking And Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Sean Farhang

The purpose of this article is to advance understanding of the role that federal court rulemaking has played in litigation reform. For that purpose, we created original data sets that include (1) information about every member of the Advisory Committee on Civil Rules who served from 1960 to 2013, and (2) every proposal for amending the Federal Rules that the Advisory Committee approved for consideration by the Standing Committee during the same period and that had implications for private enforcement. We show that, beginning in 1971, when a succession of Chief Justices appointed by Republican Presidents have chosen committee members ...


The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Reform, Stephen B. Burbank, Sean Farhang 2016 University of Pennsylvania Law School

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Reform, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of ...


Who Cares How Congress Really Works?, Ryan David Doerfler 2016 University of Pennsylvania Law School

Who Cares How Congress Really Works?, Ryan David Doerfler

Faculty Scholarship

Legislative intent is a fiction. Courts and scholars accept this by and large. As this Article shows, however, both are confused as to why, and, more importantly, as to what this entails.

This Article argues that the standard account of why legislative intent is a fiction—that Congress is a “they,” not an “it”—rests on an overly simplistic conception of shared agency. Drawing on contemporary work in philosophy of action, this Article contends that Congress as such has no intentions not because of difficulties in aggregating the intentions of individual members, but rather because Congress lacks the sort of ...


Summary Of 2016 Public Acts, Elisha Hodge 2016 Municipal Technical Advisory Service

Summary Of 2016 Public Acts, Elisha Hodge

MTAS Publications: Full Publications

This report summarizes the year's public acts that have the most significant impact on municipal operations. Users of this report are cautioned that much judgment is involved in determining which Public Acts to summarize and how to summarize them. Before taking action or giving advice based upon any Public Act summarized here, one should consult the act itself and not rely on the summary.


An Information And Communication Technologies For Development (Ict4d) Decision Framework For Building An Information Economy In Developing Countries: The Case Of Palestine, Hasan Nuseibeh 2016 University of South Florida

An Information And Communication Technologies For Development (Ict4d) Decision Framework For Building An Information Economy In Developing Countries: The Case Of Palestine, Hasan Nuseibeh

Graduate Theses and Dissertations

Building a thriving information economy is a goal for many developing countries. This research helps identify the factors (inhibitors and motivators) that can be used to leverage the Information and Communication Technology (ICT) sector in a developing country to build a sustainable information economy that benefits other sectors of the economy. This is done by studying the current literature on this topic and then synthesizing the theoretical models to create a unified decision framework to help developing countries set their path to building a sustainable information economy.

Drawing on past literature and extant theory, a novel ICT4D decision framework is ...


Capturing Regulatory Reality: Stigler’S The Theory Of Economic Regulation, Christopher Carrigan, Cary Coglianese 2016 George Washington University

Capturing Regulatory Reality: Stigler’S The Theory Of Economic Regulation, Christopher Carrigan, Cary Coglianese

Faculty Scholarship

This paper offers a retrospective assessment of economist George Stigler’s classic article, The Theory of Economic Regulation. Stigler argued that regulation is a product that, just like any other product, is produced in a market, and that it can be acquired from the governmental “marketplace” by business firms to serve their private interests and create barriers to entry for potential competitors. He challenged the idea that regulation arises solely to serve the public interest and demonstrated that important political advantages held by businesses can contribute to industry capture of the regulatory process. Although his argument was largely based on ...


Administrative Law: The U.S. And Beyond, Cary Coglianese 2016 University of Pennsylvania Law School

Administrative Law: The U.S. And Beyond, Cary Coglianese

Faculty Scholarship

Administrative law constrains and directs the behavior of officials in the many governmental bodies responsible for implementing legislation and handling governance responsibilities on a daily basis. This field of law consists of procedures for decision making by these administrative bodies, including rules about transparency and public participation. It also encompasses oversight practices provided by legislatures, courts, and elected executives. The way that administrative law affects the behavior of government officials holds important implications for the fulfillment of democratic principles as well as effective governance in society. This paper highlights salient political theory and legal issues fundamental to the U.S ...


Modeling Bus Priority Using Intermodal Dynamic Network Assignment-Simulation Methodology, Khaled F. Abdelghany, Ahmed F. Abdelghany, Hani S. Mahmassani, Akmal S. Abdelfatah 2016 Southern Methodist University

Modeling Bus Priority Using Intermodal Dynamic Network Assignment-Simulation Methodology, Khaled F. Abdelghany, Ahmed F. Abdelghany, Hani S. Mahmassani, Akmal S. Abdelfatah

Ahmed Abdelghany

This article presents a modeling framework that represents bus priority at signalized intersections in the context of its potential network-level and intermodal effects. The model incorporates bus priority within an intermodal dynamic traffic assignment simulation model. It dynamically assigns travelers to different modes and routes in the network according to prevailing traffic conditions, which result from applying a certain network control/bus priority scheme. The model considers changes in traffic conditions as a result of (1) drivers’ route choice adjustments due to changes in traffic signals settings and (2) modal shifts by travelers to take advantage of improved transit service ...


Best Practices For Self-Exclusion Reinstatement And Renewal, Alex Price 2016 Responsible Gambling Council

Best Practices For Self-Exclusion Reinstatement And Renewal, Alex Price

International Conference on Gambling and Risk Taking

While many studies have examined self-exclusion few have focused on the processes through which gamblers return at the end of their agreements. In 2014, the RGC Centre for the Advancement of Best Practices examined voluntary self-exclusion reinstatement and renewal in an effort to develop evidence-informed best-practices for both land-based and online gambling operations. The presentation outlines the findings of the study and the recommended best practices for reintegration and ban renewal.

The study examined a range of practices around the world. In the end the study recommended an active reinstatement process in which all participants are required to apply to ...


Public Administration’S Identity Crisis And The Emerging Approach That May Alleviate It, Joseph A. Hafer 2016 Penn State Harrisburg

Public Administration’S Identity Crisis And The Emerging Approach That May Alleviate It, Joseph A. Hafer

Hatfield Graduate Journal of Public Affairs

The field of public administration is in the middle of a long-standing, self-imposed identity crisis. This is due in part to the acceptance of new perspectives in the field as constituting the identity of the field; but for only as long as the perspective remains dominant. The near future of public administration holds another potential shift in dominant perspective to that of an approach to public administration that is founded in the ideals of democratic theory and public values theory. This approach is supported by trends of increasing research and theory in concepts such as public participation and public service ...


The State And Local Governments' War On Heroin, David L. Rich, Mike DeWine 2016 Cedarville University

The State And Local Governments' War On Heroin, David L. Rich, Mike Dewine

David L. Rich, D.P.A.

No abstract provided.


Review Of Public Participation For 21st Century Democracy By Tina Nabatchi And Matt Leighninger (San Francisco: Jossey-Bass, 2015), Elie Peltz 2016 Kettering Foundation

Review Of Public Participation For 21st Century Democracy By Tina Nabatchi And Matt Leighninger (San Francisco: Jossey-Bass, 2015), Elie Peltz

Journal of Public Deliberation

Review of Public Participation for 21st Century Democracy by Tina Nabatchi and Matt Leighninger (San Francisco: Jossey-Bass, 2015)


Motivating Without Mandates: The Role Of Voluntary Programs In Environmental Governance, Cary Coglianese, Jennifer Nash 2016 University of Pennsylvania Law School

Motivating Without Mandates: The Role Of Voluntary Programs In Environmental Governance, Cary Coglianese, Jennifer Nash

Faculty Scholarship

For the last several decades, governments around the world have tried to use so-called voluntary programs to motivate private firms to act proactively to protect the environment. Unlike conventional environmental regulation, voluntary programs offer businesses flexibility to adopt cost-effective measures to reduce environmental impacts. Rather than prodding firms to act through threats of enforcement, they aim to entice firms to move forward by offering various kinds of positive incentives, ranging from public recognition to limited forms of regulatory relief. Despite the theoretical appeal of voluntary programs, their proper role in government’s environmental toolkit depends on the empirical evidence of ...


The Cost Of Earmarks, Nicholis John Zappia 2016 California State University - San Bernardino

The Cost Of Earmarks, Nicholis John Zappia

Electronic Theses, Projects, and Dissertations

Finding revenue is a challenge that faces many municipalities in the United States. As the tax base continues to decline and demand for government services increases, local governments are forced to make hard choices. Low on the list of priorities for local governments is the maintenance, and construction of infrastructure. Traditionally there have been several ways for local governments to fund long-term infrastructure projects including, federal-aid through the process of earmarking. The practice of earmarking has been around since the first congress, but hit its peak between 2003 and 2007. The earmarking process is controversial for several reasons; earmarking bypasses ...


The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson 2016 California State University - San Bernardino

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government ...


Understanding Inclusion-Exclusion In Social Service Organizations, Eva Andrea Rizzo 2016 California State University - San Bernardino

Understanding Inclusion-Exclusion In Social Service Organizations, Eva Andrea Rizzo

Electronic Theses, Projects, and Dissertations

ABSTRACT

The purpose of the present study was to explore the effects inclusion-exclusion on the job-related attitudes of the organizational workforce. These attitudes included job satisfaction, organizational commitment, burnout, and turnover intention. A quantitative survey was conducted using a sample of employees of a social service organization in San Bernardino County. Participants include employees from all levels and program areas of the social service organization. Study data was collected through the use of a self-report questionnaire. Measures were used to explore commitment to the organization, diversity perception, job satisfaction, turnover intention and burnout, the dependent variables. Using SPSS software to ...


A Study Of Board Members' Perceptions Of Leadership Competencies That Professionally Trained Social Workers Should Possess Who Lead Nonprofit Human Service Organizations As Adopted In The Council On Social Work Education (Cswe) Strategic Plan, 1998-2000, Vanessa I. Milton 2016 Clark Atlanta University

A Study Of Board Members' Perceptions Of Leadership Competencies That Professionally Trained Social Workers Should Possess Who Lead Nonprofit Human Service Organizations As Adopted In The Council On Social Work Education (Cswe) Strategic Plan, 1998-2000, Vanessa I. Milton

Electronic Theses & Dissertations Collection for Atlanta University & Clark Atlanta University

This study examined the perceptions that Board Members of human service organizations have of the leadership competencies of professionally trained social workers to lead such organizations. Participants of this study were comprised of 51 executive leaders of nonprofit human service organizations who were selected using non-probability convenience sampling among the target population. The findings of this study indicated that a majority (78.0%) believed that professional social workers are seen as welfare workers. Most respondents (65.3%) disagreed that the media's portrayal of social issues has influenced perceptions of the leadership abilities of social work professionals. The majority of ...


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