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Creating constitutionalism? : the politics of legal expertise and administrative law in England and Wales
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ISBN: 0472106309 Year: 1997 Publisher: Ann Arbor (Mich.) : University of Michigan press,

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Public pensions
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ISBN: 1501717774 9781501717772 0801439841 9780801439841 Year: 2003 Publisher: Ithaca, N.Y.

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In Public Pensions, Susan M. Sterett traces the legal and constitutional structures underlying early social welfare programs in the United States. Sterett explains the status of state and local government payments for public servants and the poor from the mid-nineteenth century until the Great Depression. The most visible public payments for service in the United States were directed to soldiers, who risked death for the nation. However, firemen, not soldiers, first captured local governments- attention; social welfare programs for soldiers were modeled on firemen's pensions. The dangerous work of firefighting and of combat provided the fundamental legal analogy for courts as governments expanded pensions in the late nineteenth and early twentieth centuries. Nothing about the state court doctrine approving payments for dangerous, local service would allow pensions for indigent mothers and for the elderly, which states began to consider after 1910. Counties and railroads that objected to the new taxes could fight programs based on the old doctrine, established for firefighters, soldiers, and finally civil servants. State litigation provided one of the many grounds for contesting expanded welfare states in the early twentieth-century United States. Sterett demonstrates that state courts maintained a gendered division between the service that marked citizenship and the dependence that marked indigence, even during the promising ferment of the early twentieth century.


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Litigating the pandemic : disaster cascades in court
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ISBN: 9781512824827 1512824828 Year: 2023 Publisher: Philadelphia, PA : University of Pennsylvania Press,

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"As officials scrambled in 2020 to manage the spread of COVID, the reverberations of the crisis reached well beyond immediate public health concerns. The governance problems that emerged in the pandemic would be problems in other climate-related disasters too. Many of these governance problems wound up in court. Businesses filed claims with their insurance for lost commerce; when they were denied, some sued. Defense attorneys tried to get people released from prison, where people lived in dangerous conditions. As state governments ordered closures and otherwise tried to adapt, interest organizations that had long sought to limit government authority challenged them in court. Political officials railed against litigation they argued would stop businesses from reopening. The United States, like other countries, governs partly through litigation, and litigation is one way of seeing the multiple governance failures during the pandemic. Drawing on databases of cases filed, news reports, and the websites of advocacy groups and law firms, Susan Sterett argues that governing during the pandemic, or in any disaster, must include the human institutions intertwined with the virus. Those institutions reveal problems well beyond the reach of technical expertise. Failures in private insurance as a way of governing risk, conflicts about the primacy of religion, government authority, and health, are problems that predated the pandemic and will persist in future disasters"--


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Research handbook on law and courts
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ISBN: 9781788113199 Year: 2019 Publisher: Cheltenham Elgar

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