Joel F. Handler

Neil K. Komesar

Burton Allen Weisbrod

Monographic compilation of essays on public interest, law activities in the USA - presents theoretical analysis of failure of government policy to enhance public interest law, firm behaviour and volume of business, presents case studies in interest group advocacy for environmental protection, housing, employment, sex discrimination, consumer protection, occupational safety and occupational health, etc., and includes jurisprudence. Graphs, references and statistical tables.

An Economic and Institutional Analysis

Public Interest Law

Throughout the world, politicians are dismantling state enterprises and heaping praise on private markets, while in the United States a new rhetoric of "citizen empowerment" links a widespread distrust of government to decentralization and privatization. Here Joel Handler asks whether this restructuring of authority really allows ordinary citizens to take more control of the things that matter in their roles as parents and children, teachers and students, tenants and owners, producers and consumers. Looking at citizens as stakeholders in the modern social welfare state created by the New Deal, he traces the surprising ideological shifts of empowerment from its beginning as a cornerstone of the war on poverty in the 1960s to its central place in conservative market-based voucher schemes for school reform in the 1990s. Handler shows that in the past the gains from decentralization have proved to be more symbol than substance: some disadvantaged members of society will find new opportunities in the changes of the 1990s, but others will simply experience powerlessness under another name. He carefully distinguishes "empowerment by invitation" (in special education, worker safety, home health care, public housing tenancy, and neighborhood organizations) from the "empowerment by conflict" exemplified by the radical decentralization of the Chicago public schools. What emerges is a map of the major pitfalls and possible successes in the current journey away from a discredited regulatory state.

The Ambiguity of Privatization and Empowerment

Down from Bureaucracy

Legal and Structural Controls on Official Discretion

Protecting the Social Service Client

Burton A. Weisbrod

What is public interest law? How effective is it? What are the limits to litigation as a mechanism for conflict resolution? In this study, economists, lawyers, and sociologists evaluate an institutional form that is new to American society and, indeed, to the world--the public interest law (PIL) organization. The book introduces the reader to the structure, resources, and activities of this "nonprofit industry," and also to the factors that affect PIL firms in their choices of cases and methods of handling them. The authors examine PIL's vast range of contemporary public policy concerns. These incude such general topics as the environment, consumerism, housing, employment discrimination, medical care, occupational health and safety, education finance, and taxation. A number of base studies are presented, and a method for economic analysis and evaluation is introduced and applied. The study points to PIL's success in advocating under-represented interests, in winning courtroom decisions, and in translating legal victories into reallocations of resources. At the same time, it notes the bias of PIL towards test-case litigation, a propensity to focus on judicial victories rather than on real social change, and a tendency to use lawyers even when other types of professionals might be more effective. Many of these problems stem from uncertainty of funding and legal restrictions on "nonprofit" organizations. The result is a set of hurdles that distracts PIL firms from their principal goals. The authors do not limit themselves to PIL, but comment on the effectiveness of legal instruments as devices for social change, and on the behavior of the voluntary nonprofit sector, a little-studied portion of the economy. The book presents a fresh approach to the study of both collective-type economic problems and institutional setting in which public interest law works. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.

Yeheskel Hasenfeld

The authors of this text discuss current policies, efforts and programmes designed to deal with the poor and analyze what works, what does not work, and why. They promote policies that would facilitate leaving welfare for work - particulary in the case of single mothers.

Joel F. Handler

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