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Full-Text Articles in Social and Behavioral Sciences
The Public Face Of The 'Litigation State:' Federal Empowerment Of Litigation By State Governments, Paul Nolette
The Public Face Of The 'Litigation State:' Federal Empowerment Of Litigation By State Governments, Paul Nolette
Political Science Faculty Research and Publications
Scholars have recently begun exploring the construction of what Sean Farhang has termed the “litigation state” – namely, the distinctly American way in which contemporary federal programs are enforced by means of litigation. The attention in this literature to date has focused on why Congress has encouraged private litigation to enforce various statutory programs. This paper examines the emergence of a related and no less important development – the federal government’s encouragement of state government litigators to help enforce federal regulatory programs, especially state attorneys general ("AGs"). Examining several decades’ worth of congressional actions, court decisions, and federal administrative initiatives …
Review Of Mafias On The Move: How Organized Crime Conquers New Territories, By Federico Varese, H. Richard Friman
Review Of Mafias On The Move: How Organized Crime Conquers New Territories, By Federico Varese, H. Richard Friman
Political Science Faculty Research and Publications
No abstract provided.
Litigating The "Public Interest" In The Gilded Age: Common Law Business Regulation By Nineteenth-Century State Attorneys General, Paul Nolette
Political Science Faculty Research and Publications
Heeding recent calls to explore the contributions of creative political actors other than federal judges to the process of American legal development, this article examines the role of state attorneys general (SAGs) during the period of rapid industrialization of the late nineteenth and early twentieth centuries. Consistent with recent revisionist accounts concerning the extent of government power during this era of supposed "laissez-faire," I find that SAGs during this period actively and creatively employed ancient common law legal theories in new ways to address the emerging corporate order during this time. Relying on a review of state court cases and …
The Newest 'War On Drugs:' Regulating Pharmaceuticals Through State Litigation, Paul Nolette
The Newest 'War On Drugs:' Regulating Pharmaceuticals Through State Litigation, Paul Nolette
Political Science Faculty Research and Publications
State-driven litigation has had increasing influence in the development of national policy in recent years, including in national health policy. One prominent recent example includes the efforts of several state governments to bring coordinated constitutional challenges against one of the Obama Administration’s key first term achievements, the Patient Protection and Affordable Care Act. This paper examines how states have influenced health care policy influence in a more subtle but no less important litigation campaign. Over the past decade, state prosecutors have reached numerous multi-million dollar settlements with the nation’s largest pharmaceutical companies imposing a variety of restrictions on prescription drug …
Review Of Dust-Up: Asbestos Litigation And The Failure Of Commonsense Policy Reform By Jeb Barnes, Paul Nolette
Review Of Dust-Up: Asbestos Litigation And The Failure Of Commonsense Policy Reform By Jeb Barnes, Paul Nolette
Political Science Faculty Research and Publications
No abstract provided.