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The Litigation State: Public Regulation and Private Lawsuits in the United States
by Sean Farhang
Of the 1.65 million lawsuits enforcing federal laws over the past decade, 3 percent were prosecuted by the federal government, while 97 percent were litigated by private parties. When and why did private plaintiff-driven litigation become a dominant model for enforcing federal regulation? "The Litigation State" shows how government legislation created the nation's reliance ...more
ebook, 320 pages
Published May 14th 2014 by Princeton University Press
(first published June 25th 2010)
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This book is that rare combination: a work of political science that presents a coherent, interesting, and convincing theory, while also containing a fascinating and valuable narrative.
The author's argument is that one of the main reasons the US is subject to so many lawsuits is that the separation of powers between Congress and the President causes legislators to distrust placing too much direct power in the executive, and to prefer instead delegating the enforcement of laws to private individu ...more