Title

How SCOTUS has diminished private enforcement of federal rights

Authors

Stephen B. Burbank, University of Pennsylvania Carey Law SchoolFollow
Sean Farhang, University of California - BerkeleyFollow

Document Type

Video Recording

Publication Date

10-16-2017

Abstract

One of the primary mechanisms for the enforcement of civil rights laws is the ability of plaintiffs to recover their attorney’s fees if they prevail in private litigation. This method of enforcing rights is called private enforcement, and it has been a central instrument to implement social and economic policy since the 1960s. But the rise of private enforcement led to a counterrevolution aimed at curtailing it, and that counterrevolution is the focus of a new book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, by Penn Law professor Stephen B. Burbank and his co-author, Sean Farhang.

Repository Citation

Burbank, Stephen B. and Farhang, Sean, "How SCOTUS has diminished private enforcement of federal rights" (2017). Case In Point Podcasts. 48.
https://scholarship.law.upenn.edu/podcasts/48