The effect of austerity on institutional litigation.

Abstract

When we approach the subject of courts and institutional reform, we should remember that it is not the institutions but the people they serve that are our primary concern. The kinds of people our public institutions affect are primarily the poor, the elderly, the families headed by women with children, and the nonwhite members of this society who make less, own less and, relative to their means, owe more.lThese are the clients of the social institutions with which we are concerned. The failure of these services must have a disproportionate impact on the elderly, the disabled, and the minorities of our society. Racism and poverty are facts of American life that the courts do not ignore. Institutional reform means doing more for the poor and minorities at the expense of the more well-to-do.Strict Fourteenth Amendment scrutiny will not be invoked where discrimination is economic, even though racial disparities in financial position mean that such economic discrimination leads indirectly to racial distinctions in services rendered by the state. Professor Tribe has accurately synthesized the current view: there is on the part of the Supreme Court, "a determined.., commitment to preserve for the non-poor ways of purchasing distance and distinction from the less fortunate--to preserve, in effect, plenty of room at the top, without wholly abandoning protection at the bottom.' ,2In their recent article in the Harvard Law Review, Professors Eisenberg and Yeazell state *The assistance of Daniel J. Cooper of the New York Bar is gratefully acknowledged.

Law and the delivery of involuntary mental health services.

“…For example, the University of Southe m California offers a one-year program to enhance the skills of practicing psychiatrists by providing training in psychiatry and law (Pollack, 1985). It has been suggested that psychiatric facilities should retain skilled legal counsel "on call" to advise on legal questions that arise (Weitzel, 1977). Many MHPs have taken training in the law as well as in their own area of expertise.…”

“…Activist judges came to realize that their ability to change the day-to-day operation of prisons or hospitals was extremely limited and would realistically entail a great deal of time appointing committees, reviewing reports, and holding hearings. Moreover, ordering more resources for such institutions as large state mental hospitals would simply result in fewer resources for other programs, like community mental health (Weinstein, 1982).…”