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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 ...


How The City Of Indianapolis Came To Have African American Policemen And Firemen 80 Years Before The Modern Civil Rights Movement., Leon E. Bates 2016 University of Louisville

How The City Of Indianapolis Came To Have African American Policemen And Firemen 80 Years Before The Modern Civil Rights Movement., Leon E. Bates

Electronic Theses and Dissertations

This study explores a series of events that occurred in the spring of 1876. The relationship between the Indianapolis city government, the Marion County Courts, the Indianapolis Police Department, and the African American community came together to usher in changes never before envisioned. The Indianapolis Police Department (IPD) was formed in 1855, then disbanded 12 months later in a political dispute. From 1857-to-1876, the IPD was all white. These changes took place as the Reconstruction era was coming to a close. The first Ku Klux Klan was at its apex, terrorizing black communities, and Jim Crow was coming into its ...


The Tasks Of Elected Officials Within The Policy Process Of Interlocal Cooperation, Stephen Matthew Adkins 2016 University of Tennessee, Knoxville

The Tasks Of Elected Officials Within The Policy Process Of Interlocal Cooperation, Stephen Matthew Adkins

Doctoral Dissertations

Interlocal cooperation provides local governments with a third means of service provision, after direct provision and contracting out, that allows problems to be addressed at the regional level. Much of the academic literature on this topic places appointed officials as those who take the lead role in these types of arrangements. This research explores the involvement of elected officials, specifically city mayors, in interlocal cooperation. Based on 64 responses from mayors in the southeast region, this research finds statistically significant relationships between mayoral comfort level with tasks associated with interlocal cooperation and a number of variables including city size and ...


Public Support For Social Welfare Policies: A Cross-National Examination, Andrew Lee Morelock 2016 University of Tennessee, Knoxville

Public Support For Social Welfare Policies: A Cross-National Examination, Andrew Lee Morelock

Doctoral Dissertations

What explains public support for social welfare policies? The extant literature on this topic suggests that people’s attitudes are mainly a reflection of their political ideology and economic self-interest. However, this explanation fails to recognize the role that the public sector plays in influencing individuals’ social welfare policy preferences. The literature, with few exceptions, also does not thoroughly acknowledge how national context alters people’s attitudes. Data from 23 national samples in Europe, North America, Eastern Asia, and Oceania taken from the 2006 ISSP are examined using multilevel regression. The dependent variable is a measure of individual’s views ...


A Study Of Social Security Disability Litigation In The Federal Courts, Jonah B. Gelbach, David Marcus 2016 University of Pennsylvania Law School

A Study Of Social Security Disability Litigation In The Federal Courts, Jonah B. Gelbach, David Marcus

Faculty Scholarship

A person who has sought and failed to obtain disability benefits from the Social Security Administration (“the agency”) can appeal the agency’s decision to a federal district court. In 2015, nearly 20,000 such appeals were filed, comprising a significant part of the federal courts’ civil docket. Even though claims pass through multiple layers of internal agency review, many of them return from the federal courts for even more adjudication. Also, a claimant’s experience in the federal courts differs considerably from district to district around the country. District judges in Brooklyn decide these cases pursuant to one set ...


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 ...


The Effect Of Social Capital On Organizational Performance In Different Cultures: A Cross-National Comparison Of The United States And South Korea, Jung Hyun Song 2016 Florida International University

The Effect Of Social Capital On Organizational Performance In Different Cultures: A Cross-National Comparison Of The United States And South Korea, Jung Hyun Song

FIU Electronic Theses and Dissertations

The main purpose of this study is to analyze the effects of social capital on organizational performance of local government and whether the effect varies across national cultures. The study hypothesized that organizational level social capital in a public sector organization has a positive influence on organizational performance. To investigate the relationship, surveys were sent to public officials of local government organizations in the city of Omaha in the United States and Wonju city in South Korea. Based on Hofstede’s definition of national culture, these two countries contrast strongly on important cultural characteristics. The two cities were selected as ...


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 ...


Organizational Social Capital And Performance Information Use: Analyzing The Link And Its Implications For Public Management, Michele Tantardini 2016 Florida International University

Organizational Social Capital And Performance Information Use: Analyzing The Link And Its Implications For Public Management, Michele Tantardini

FIU Electronic Theses and Dissertations

The use of performance information is the backbone of performance management. Performance information use refers to the willingness of public managers or other relevant stakeholders to incorporate quantitative or qualitative data in their decision-making. Both routine and nonroutine performance information is considered essential in managers’ decision making. Understanding the organizational factors that motivate public managers to use performance information is an important topic in the literature and practice of performance management.

Although the number of studies on information use is growing, little is known about the impact of Organizational Social Capital (OSC). OSC is composed of the sub-dimensions of social ...


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 ...


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)


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