What's a Judge to Do? Remedying the Remedy in Institutional Reform Litigation, a Review of Democracy by Decree: What Happens When Courts Run Government by Ross Sandler and David Schoenbrod; Yale University Press (2003)
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The hostility of the burger court to mental health law reform litigation.
In recent years, many courts (and especially the federal courts) have become the focus for the pursuit of goals of major institutional reform in cases brought by advocates for prisoners, mental patients, students, and others.2 These advocates turned to the courts because the legislative and executive branches were unwilling to devote larger shares of scarce resources to improving conditions at ...
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Institutional reform litigation confronts public administrators with troubling dilemmas, court directives often contradict the duties and responsibilities of public managers. Thus, the argument for judicial intervention is rarely straightforward. The authors argue that federal courts should refuse to hear institutional reform cases not only when federal court intervention would upset a state ad...
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The Patient Protection and Affordable Care Act of 2010 (ACA) rewrote the law of private health insurance. How the ACA rewrote the law of civil remedies, however, is a question largely unexamined by scholars. Courts everywhere, including the U.S. Supreme Court, will soon confront this important issue. This Article offers a foundational treatment of the ACA on remedy. It predicts a series of flas...
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