Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Civil rights (2)
- Administrative law (1)
- Circuit courts (1)
- Class actions (1)
- Common law (1)
-
- Complex litigation (1)
- Compliance (1)
- Consumer protection legislation (1)
- Delegation (1)
- Empirical study of panel composition (1)
- Employment discrimination law (1)
- Enforcement regimes (1)
- Federal Rules of Civil Procedure (1)
- Federal judges (1)
- Gender & race (1)
- Gender gap (1)
- Influence of ideology (1)
- Job discrimination (1)
- Judicial diversity & behavior (1)
- Litigation (1)
- Panel effects (1)
- Political affiliation (1)
- Politics (1)
- Practice and procedure (1)
- Private enforcement (1)
- Regulation (1)
- Representation (1)
- Structure of private enforcement (1)
- Substantive representation (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Sean Farhang
This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with …
Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer
Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer
Sean Farhang
Our aim in this Article is to advance understanding of private enforcement of statutory and administrative law in the United States and to raise questions that will be useful to those who are concerned with regulatory design in other countries. To that end, 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 of private enforcement. We also set forth key elements of the general legal landscape in which decisions about private enforcement are made, aspects of which should be central to the choice of …
Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer
Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer
Sean Farhang
In this paper we investigate whether, when Congress relies upon private lawsuits to implement a law, the details of the legislation can importantly influence the extent to which the private bar is mobilized to carry out the prosecutorial function. We ask: In statutes with private rights of action, can Congress substantially affect the degree to which plaintiffs are represented by counsel? Using an original and novel dataset based upon review of archived litigation documents for cases filed in the Northern and Eastern Districts of California over the two decades spanning 1981 to 2000, we examine the effects of the Civil …