The Discretionary Constitution: Institutional Remedies and Judicial Legitimacy

Fletcher, William A.

doi:10.2307/796035

Cited by 27 publications

(11 citation statements)

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“…Judicial capacity to manage the ongoing implementation of a remedial decree has generated a solid amount of research in public administration, much of it consistent with existing legal scholarship. This work suggests that a judge's lack of managerial experience and distaste for anything beyond a dispositive ruling are the first of his or her many problems (Fletcher, 1982;Schuck, 1983;Wood, 1990). Furthermore, that most judges do not possess intimate knowledge of the affected organization (Fletcher, 1982;, or the ability to accept and understand heterogeneity within a target institution (Wood, 1990), has drawn attention.…”

Section: Implementation and Ongoing Judicial Management: The Court Pementioning

confidence: 98%

“…This work suggests that a judge's lack of managerial experience and distaste for anything beyond a dispositive ruling are the first of his or her many problems (Fletcher, 1982;Schuck, 1983;Wood, 1990). Furthermore, that most judges do not possess intimate knowledge of the affected organization (Fletcher, 1982;, or the ability to accept and understand heterogeneity within a target institution (Wood, 1990), has drawn attention. Some argue that judges also lack the same institutional norms that guide their decision making in a more traditional legal dispute (Fletcher, 1982; and, therefore, must rely on imperfect tools with which to communicate their order Yoo, 1996).…”

Section: Implementation and Ongoing Judicial Management: The Court Pementioning

confidence: 98%

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The Underexplored World of Remedial Law in Public Administration Scholarship

Chanin

2012

Administration & Society

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Remedial law involves the use of litigated reform and injunctive relief to bring misfeasant state and local bureaucracies in line with federal law. This article highlights the need for further scholarly engagement with remedial law. It also indicates that within each stage of the remedial process lies a series of important research questions, making the area fertile ground for the very type of administrative expertise and agency-centric approaches that are lacking from our scholarly discourse. Attention to remedial law would not only strengthen the management of rights-driven reform but also contribute to the ongoing legitimacy of the public administration field.

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Section: Implementation and Ongoing Judicial Management: The Court Pementioning

confidence: 98%

Section: Implementation and Ongoing Judicial Management: The Court Pementioning

confidence: 98%

The Underexplored World of Remedial Law in Public Administration Scholarship

Chanin

2012

Administration & Society

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“…4.4.4. 29 See, for example, Budlender, Marcus & Ferreira 2014Chayes 1976;Dugard 2007;Dugger 2007;De Vos 2009;Fletcher 1982;Mojapelo 2013;Pieterse 2004. Swanepoel / The public-interest action in South Africa…”

Section: Limitationsmentioning

confidence: 99%

The public-interest action in South Africa: The transformative injunction of the South African Constitution

Swanepoel

2016

JJS

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“…A normative legal literature focuses on the appropriateness of adjudicating comprehensive structural reform cases in the American constitutional system (Fiss 1979;Chayes 1976;Fletcher 1982;Schuck 1983;Yoo 1996). Additionally, political scientists have debated the effectiveness of such litigation in achieving the systemic reform toward which it is oriented (Horowitz 1977;Rosenberg 1991;McCann 1994;Mezey 2000).…”

Section: Anthony Michael Bertellimentioning

confidence: 99%

Strategy and Accountability: Structural Reform Litigation and Public Management

Bertelli

2004

Public Administration Review

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Structural reform litigation involves legal action against public bureaucracies alleging that an official has violated the legal rights of an agency's client. A pattern of rights infringements raises the specter of systemic dysfunction. If the court finds for the plaintiffs, or if the defendant agency agrees to settle, the remedy reconstitutes agency operations. What are the incentives faced by public managers whose agencies are involved in structural reform litigation? How might public managers retain public accountability while strategically using the institutional arrangements present in such cases? This article examines these questions through a spatial bargaining model and discusses its analytical implications in the context of a comprehensive suit against the child welfare agency in Kansas City, Missouri.

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The Discretionary Constitution: Institutional Remedies and Judicial Legitimacy

Cited by 27 publications

References 0 publications

The Underexplored World of Remedial Law in Public Administration Scholarship

The Underexplored World of Remedial Law in Public Administration Scholarship

The public-interest action in South Africa: The transformative injunction of the South African Constitution

Strategy and Accountability: Structural Reform Litigation and Public Management

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