Civil rights laws are not self-enforcing. Enforcement mechanisms, therefore, need to be studied as part of the larger debate on the form and direction of civil rights law. The current decline of the ability of the private attorney general to fairly and consistently enforce our civil rights laws strengthens the argument for a renewed emphasis on the importance and form of government enforcement. Focusing on the Americans with Disabilities Act, this Article presents a new vision of public enforcement. After explaining the historical, theoretical, and practical strengths of public enforcement—all things that cannot be completely “outsourced” to private attorneys general—this Article suggests that public enforcement officials need to renew their commitment to structural litigation, especially in areas where the profit motive for private lawyers is low, noncomplicance appears systemic, there is a vacuum for case development, and individual plaintiffs have standing difficulties challenging broad-ranging discrimination. Recognizing that litigation, even of the structural variety, will always be an incomplete enforcement strategy, this Article also offers a novel application of “new governance” theory to public enforcement activity. In particular, this Article identifies several areas where public enforcement officials could help transform the way that ADA norms are established. In these areas, rather than relying on courts to make decisions interpreting the statute’s broad principles, the government could foster a broader cross-section of interested stakeholders cooperatively deciding on individualized and contextualized solutions.
News & Events
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Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
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Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
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Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
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Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
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Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
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