Farhang reveals that private lawsuits, functioning as an enforcement resource, are a profoundly important component of American state capacity. He demonstrates how the distinctive institutional structure of the American state--particularly conflict between Congress and the president over control of the bureaucracy--encourages Congress to incentivize private lawsuits. Congress thereby achieves regulatory aims through a decentralized army of private lawyers, rather than by well-staffed bureaucracies under the president's influence. The historical development of ideological polarization between Congress and the president since the late 1960s has been a powerful cause of the explosion of private lawsuits enforcing federal law over the same period.
Using data from many policy areas spanning the twentieth century, and historical analysis focused on civil rights, The Litigation State investigates how American political institutions shape the strategic design of legislation to mobilize private lawsuits for policy implementation.
This volume concentrates on the proper procedure related to motions and gives complete and current coverage on relevant topics, including such areas as:
• Preliminary Motions
• Challenges to Jurisdiction or Venue
• Disqualification of Judge
• Summary Judgment
For a complete list, see the full Table of Contents
With its concise writing style, streamlined chapter format, abundance of checklists and forms, thousands of references to leading and related cases, cross references to relevant analytical content, and extensive and authoritative guidance from a consultative board of experienced Florida practitioners and judges, you'll find more of everything that makes a practice guide valuable and easy for you to use.
Forms are included.