Implementing Federal Rights: The American Private Enforcement Model

In his book, The Litigation State (2010), Professor Sean Farhang maintains that in the United States, a "profoundly important instrument" of "policy implementation" is the private enforcement of civil rights, labor protective and consumer laws, primarily achieved through fee-shifting statutes such as Section 1988. Farhang contends that the American regulatory state is largely comprised of "radically decentralized intervention" by private parties bringing statutory and regulatory enforcement actions in federal court; cases that "span the waterfront of federal policy". This workshop will explore: (1) the theory and practice of private rights enforcement as a policy tool; (2) examine several different federal statutory enforcement mechanisms: (FLSA, Title VII, IDEA, ADA, FDCPA, §1988); (3) discuss the role and importance of legal services programs in context of policy enforcement; (4) highlight problems and issues arising in private policy enforcement litigation, e.g. Buckhannon, arbitration, Arbor Hill, Jeff D and waiver of fees, and others.

CLE credit: 1.5 Professional Practice

Date of original presentation: September 2014

Presenters: Peter Dellinger, Empire Justice Center and Jonathan Feldman, Empire Justice Center

Viewing time: 1 hour 27 minutes

If you do not want CLE credit for watching this training, there is no charge. If you want New York State CLE credit, you may receive 3.0 hours of CLE credits for Professional Practice. The cost of CLE is:

$60.00 for Not-for-Profit Agencies; $90.00 for Private Practice Attorneys. When you complete this registration form, you will receive a link to the training. The link to the CLE forms will be on the training page.

Financial Hardship Policy available upon request. Contact Michelle Peterson, Training Coordinator

Newly admitted attorneys in New York State can not receive CLE credit for online training.

If you are an attorney who is not licensed in New York State and want CLE credit, please check to see if your state allows New York State CLE credits to be applied to your state's CLE requirements.