Academic

Melnick on Judicial Power in the Civil Rights State

By Lawrence Solum

R. Shep Melnick (Boston College) has posted Judicial Power in the Civil Rights State: an Empirical Investigation on SSRN. Here is the abstract:

This paper examines the role courts and agencies play in enforcing civil rights statutes. It argues (1) that since the early 1960s the federal judiciary has developed an array of potent remedial powers; and (2) that contrary to the conventional wisdom, agencies often rely on courts to enforce their rules rather than the other way around. The paper provides a detailed examination of the partnership that has developed between civil rights agencies and the federal courts under both Title VI and Title VII of the Civil Rights Act of 1964.

Full post as published by Legal Theory Blog on August 13, 2009 (boomark / email).