Realizing the Rights Revolution: Litigation and the American State

2013 ◽  
Vol 38 (01) ◽  
pp. 222-245
Author(s):  
Sarah Staszak
Keyword(s):  
Civil Rights ◽  
Policy Enforcement ◽  
Public And Private ◽  
Complex Interactions ◽  
Political Perspective ◽  
Multidisciplinary Group ◽  
Private Actors ◽  
The Relationship ◽  
Private Litigation ◽  
American State

The implementation and enforcement of civil rights laws in the aftermath of the mid-twentieth-century rights revolution has been a prominent concern for a multidisciplinary group of scholars. This article reviews a recent literature that is devoted to better understanding the dynamics of judicial authority and enforcement power and, in particular, how courts are frequently empowered to enforce laws through complex interactions with an array of public and private actors. The article emphasizes new books by Charles Epp and Sean Farhang, which each examine different features of this enforcement process. In The Litigation State: Public Regulation and Private Lawsuits in the U.S. (2010), Farhang explores the frequency with which Congress has chosen to enforce its civil rights statutes through incentivizing private litigation. In Making Rights Real: Activists, Bureaucrats, and the Creation of the Legalistic State (2010), Epp examines how civil rights are enforced and transformed through the relationship between administrators, activists, and lawmakers within bureaucratic organizations. Together, these books expand our understanding of the politics and processes of implementing rights in practice and, more broadly, challenge and enrich our perspective on the effectiveness of the American state in enforcing rights. The often complex series of self-conscious legislative, judicial, and administrative choices and interactions necessary in order to deliver rights protections requires that we view policy enforcement from a broader institutional and political perspective. From that perspective, we can see that effective implementation is far from automatic.

14. Private Enforcement

2016 ◽  
Author(s):  
Alison Jones ◽  
Brenda Sufrin
Keyword(s):  
Individual Member ◽  
Private Enforcement ◽  
Public And Private ◽  
National Courts ◽  
Public And Private Enforcement ◽  
The Individual ◽  
The Relationship ◽  
Private Litigation ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on the private civil enforcement of EU antitrust rules through claims made by private litigants in the national courts and tribunals of the individual Member States. The discussions cover the principle of direct effect and national procedural autonomy; why there has been relatively little antitrust litigation in the EU; the relationship between public and private enforcement; the Commission's policy towards private enforcement, the initiatives it has taken to encourage private litigation, and mechanisms for cooperation between the Commission and national courts; and the obligations of national courts when dealing with cases that raise the issue of whether a contract in violation of Article 101 or Article 102 is enforceable and whether, and if so when, damages and injunctions should be available to remedy such violations.

scholarly journals A gênese do ProEMI na perspectiva cognitiva das políticas públicas

2018 ◽  
Vol 26 ◽  
pp. 167
Author(s):  
Eliza Bartolozzi Ferreira
Keyword(s):  
Social Order ◽  
Public Policies ◽  
Theoretical Perspective ◽  
Public And Private ◽  
The Public ◽  
Public Action ◽  
Teachers And Students ◽  
Private Actors ◽  
The Relationship ◽  
Education In Brazil

This article aims to analyze the process that gave rise to the Innovative Higher Education Program (ProEMI) as a way of understanding the actions taken by public and private actors in the construction of a new project for secondary education in Brazil. The analysis seeks to understand the cognitive and normative framework that gave rise to and legitimized this educational policy, considering that policy is the result of a process of interaction and relations of force. ProEMI is a policy that seeks to transform the public action of managers, teachers, and students in the country's high schools. The study examines the period 2003-2016 and was developed in the cognitive theoretical perspective of public policies, a perspective focused on understanding the formulation and implementation of public policies based on the relationship between politics and the construction of social order and not just as a troubleshooting mechanism. We find that ProEMI originates from the public actions of a number of actors that construct and accept a matrix of interpretation, resulting in the emergence and legitimization of the choice of a public policy that calls for a counterhegemonic high school.

Analytical Capabilities of the Concept of "Competitiveness" in the Study of Public Administration Efficiency

2021 ◽  
pp. 53-68
Author(s):  
Oleh Zubchyk ◽  
Kyrylo Esennikov
Keyword(s):  
Public Administration ◽  
Public And Private ◽  
The Public ◽  
Administrative Efficiency ◽  
Country Competitiveness ◽  
Private Actors ◽  
And Behavior ◽  
Analytical Tools ◽  
The Relationship

The article analyzes various approaches to understanding the effectiveness of public administration, which are in foreign and Ukrainian scientific thought. The purpose of the article is to show that administrative efficiency is a component of the general social efficiency of public administration, so it can be studied with the help of analytical tools of competitiveness. The study found that administrative efficiency is often understood as the effectiveness of the organization and functioning of public administration. Administrative efficiency is also understood as the efficiency of management bodies and officials. The authors emphasize that the principles, criteria and factors of the study of effectiveness are very vague. This affects the objectivity of the reflection of the qualitative result of the activities of the public administration body. The scientific novelty of the study is that the authors offer new tools for the study of administrative efficiency. It competitiveness of the state. “Competitiveness” in the context of studying the effectiveness and efficiency of public administration, the subjects of public administration is not considered deeply in the Ukrainian science of public administration. Moreover, in Ukraine, the effectiveness of public administration is increasingly associated with the competencies of civil servants. The authors do not agree with this position and suggest a deeper analysis, firstly, the relationship between public administration efficiency and the country’s competitiveness and, secondly, a deeper study of the analytical capabilities of the theoretical and methodological construct “competitiveness”. Conclusions. As a result, the authors argue that the task of administrative efficiency as an indicator is to reflect an understanding of the activities of institutions, which depends on the efficiency and behavior of both public and private actors, a legal and administrative basis within which individuals, firms and governments interact. and it determines the quality of public institutions. Keywords: country competitiveness, efficiency, public administration, administration, state policy, concept.

scholarly journals The Interaction of Private and Public Governance: The Case of Sustainability Standards for Palm Oil

2020 ◽  
Author(s):  
Clara Brandi
Keyword(s):  
Palm Oil ◽  
Public Governance ◽  
Public And Private ◽  
Regime Complex ◽  
Private And Public ◽  
Private Certification ◽  
Sustainability Standards ◽  
Private Actors ◽  
The Relationship ◽  
Over Time

Abstract By providing insights into the interaction between private-driven and public-driven governance initiatives in the context of the “Roundtable of Sustainable Palm Oil” (RSPO) and the “Indonesian Sustainable Palm Oil” (ISPO), this article sheds new light the interaction between private and public governance. It investigates how the relationship between the RSPO and the ISPO evolves over time and who and what drives this evolution. While the interaction between these standard schemes has initially largely been characterized by competition, it has become more collaborative and also coordinated in nature. This article argues that the experimentalist architecture of palm oil governance has fostered mechanisms for coordination across public and private certification schemes and has helped to join up the separate components of the regime complex through productive interactions. At the same time, several gaps and challenges remain, especially in light of the different interests of the multiple public and private actors involved in palm oil.

scholarly journals Settler farming, agricultural colonisation and development in Katanga (Belgian Congo), 1910-1920

2020 ◽  
Author(s):  
Charlotte Vekemans ◽  
Yves Segers
Keyword(s):  
Survival Strategies ◽  
Public And Private ◽  
Colonial State ◽  
Agricultural Colonization ◽  
Complex Interactions ◽  
The First World War ◽  
The Government ◽  
Private Actors ◽  
Belgian Congo ◽  
First World

From 1908 to 1920, the Belgian Ministry of Colonies organised the first stateled agricultural colonization efforts in Katanga, Belgian Congo. This article examines the complex interactions between public and private actors and how they shaped a colonial agricultural policy. Mission Leplae had a very difficult start and was terminated after ardent discussions in the Belgian Parliament, despite the support of the Agricultural Service. This migration initiative exposed the different views and even tensions between the opinions of technical experts such as agronomists and the ideas of the colonial hommes politiques and private actors, both in Belgium and in the Congo. In this article, the image of a homogeneous colonial state acquires nuance as we unravel and analyse the daily realities and initiatives of these first Belgian agricultural settlers in the broader framework of Belgian colonial politics. When the alliance between the State, the mining sector and agricultural settlers ceased to exist, because European agriculture was not developing fast enough and geopolitical interests had changed, the government stopped supporting the colonization project. After the First World War, the number of Belgian farmers in Katanga began to increase again, mainly thanks to support from the private sector. This article shows how state support was an important but not decisive factor in the survival strategies of a settler community.

scholarly journals Rival Worlds and the Place of the Corporation in International Law

2019 ◽  
pp. 141-174
Author(s):  
Sundhya Pahuja ◽  
Anna Saunders
Keyword(s):  
International Law ◽  
Transnational Corporations ◽  
Marshall Plan ◽  
Public And Private ◽  
Unsuccessful Attempt ◽  
Proper Understanding ◽  
Slowing Down ◽  
Private Actors ◽  
The Relationship ◽  
North And South

Struggles ‘over’ international law in the period between 1955 and 1974 should be understood not as a battle to control a pre-existing international law, but as marking a series of encounters between rival practices of world-making, each travelling with rival accounts of international law. The question of how to conceptualize the corporation, and its proper relation to law and state, was a key element of those rival accounts. In this chapter, we trace the (successful) effort to establish the UN Commission on Transnational Corporations, and the (unsuccessful) attempt to draft a binding convention. In this telling institutional moment, the struggle over the proper understanding of the relationship between international law, the state, and the corporation, which travels was also a struggle over the authorship of worlds, and the authority to govern them. Paying attention to such practices shows us that the battle lines were drawn in ways that upset the comfortable rehearsal of a North-South divide. Anti-colonial struggles, the incipient ‘Cold War’, the invention of ‘Development’, and the implementation of a (Marshall) plan to (re)construct Europe produced unexpected commonalities that included coalitions across North and South and instructive alliances between ‘public’ and ‘private’ actors. Slowing down our study of this moment reveals that much of what was at stake then remains so today, and that other worlds are still possible.

14. Private Enforcement

2019 ◽  
pp. 1019-1057
Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne
Keyword(s):  
Direct Effect ◽  
Individual Member ◽  
Private Enforcement ◽  
Public And Private ◽  
National Courts ◽  
Public And Private Enforcement ◽  
Procedural Autonomy ◽  
The Individual ◽  
The Relationship ◽  
Private Litigation

This chapter focuses on the private civil enforcement of EU antitrust rules through claims made by private litigants in the national courts and tribunals of the individual Member States. The discussions cover the principle of direct effect and national procedural autonomy, mechanisms for cooperation between the Commission and national courts, the obligations of national courts when dealing with cases that raise the issue of whether a contract in violation of Article 101 or Article 102 is enforceable and whether, and if so when, damages and injunctions should be available to remedy such violations. It also considers wy historically there was relatively little antitrust litigation in the EU; the relationship between public and private enforcement; the Commission's policy towards private enforcement, the package of measures the Commission has taken to encourage private litigation, especially the 2014 Damages Directive and its likely impact.

Various Actors: The Border Death Regime

Border Deaths ◽  
2019 ◽  
Author(s):  
Paolo Cuttitta ◽  
Jana Häberlein ◽  
Polly Pallister-Wilkins
Keyword(s):  
Post Mortem ◽  
Public And Private ◽  
Private Actors ◽  
The Relationship

Behind border deaths there is a variegated multiplicity of actors, guided by different principles and motivations, which contribute in different ways and to different extents to create the conditions for deaths to be more or less likely to occur or be prevented. Moreover, distinctive public and private actors enter the stage in the post-mortem phase. This chapter provides a tentative overview of the main categories of actors, showing the relationship different actors have with death, as well as with what could be seen as its counterpart: survival (from the survivors’ perspective) or rescue (from the rescuers’ perspective). The concluding section also proposes the concept of a ‘border death regime’ to make sense of this multitude of subjects.

Going Easy and Going After: Building Inspections and the Selective Allocation of Code Violations

2019 ◽  
Vol 18 (2) ◽  
pp. 594-617 ◽  
Author(s):  
Robin Bartram
Keyword(s):  
Statistical Analysis ◽  
Low Income ◽  
Racial Inequality ◽  
Public And Private ◽  
Growth Machine ◽  
Property Owners ◽  
Building Inspectors ◽  
Code Violations ◽  
Private Actors ◽  
The Relationship

Sociologists have demonstrated how public and private actors reproduce economic and racial inequality, by protecting the values of lucrative real estate, enforcing the tastes of elite and middle–class populations, and unfavorably sorting low–income and minority residents. Building inspections and code violations affect each of these processes. Yet, we know remarkably little about how decisions about building code violations are made. Drawing on fieldwork with building inspectors and statistical analysis of data on building violations in Chicago, I find that building inspectors allocate code violations in surprising ways: They go easy on low– and moderate–income property owners and go after professional landlords and wealthy homeowners. I join others in urging sociologists to look beyond assumptions about the unified logic of the growth machine and fully unpack the relationship—in terms of potential and parameters—between frontline agents of the state and inequality.

scholarly journals Categorization and Stigmatization of Families Whose Children Are Institutionalized. A Danish Case Study

Genealogy ◽  
2021 ◽  
Vol 5 (3) ◽  
pp. 76
Author(s):  
María Alejandra Acosta-Jiménez ◽  
Anna Maria Antonios ◽  
Veerle Meijer ◽  
Claudia Di Matteo
Keyword(s):  
Daily Practice ◽  
Family Therapist ◽  
Structured Interviews ◽  
Public And Private ◽  
Constitutive Process ◽  
The Everyday ◽  
Micro Level ◽  
Private Actors ◽  
The Relationship

Stigmatization and labeling in society is one of the challenges that families of institutionalized children face. This research aims to investigate how professionals categorize the children and their families, and how, in turn, the categorization process impacts their daily practice and the relationship with families. The case study was conducted in a local children’s institution in Aalborg, Denmark, following an ethnographic approach that included day-time participant observations, semi-structured interviews with a pedagogue and a family therapist, and a “discovery” exercise with pedagogues. The data were analyzed using the two main concepts of categorization and stigmatization. The results show how professionals categorized parents as “resourceful” and “non-resourceful,” causing barriers in their work with the families. Categorization based on “resourceful parent” is a co-constitutive process influenced by the interactions between the Danish system (macro level), the institutional field in which public and private actors operate (meso level), and the everyday interventions of practitioners (micro level). Overall, the process of categorization and labeling shapes the collaboration between professionals and parents, which leads to an overemphasis of particular family traits, with a direct link to the “myth of meritocracy.”

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