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Private Parties (private + party)

Distribution by Scientific Domains
Law and Criminology40%
Humanities and Social Sciences40%

Selected Abstracts

Private borrowing during the financial revolution: Hoare's Bank and its customers, 1702,241

ECONOMIC HISTORY REVIEW, Issue 3 2008
PETER TEMIN
The financial revolution improved the British government's ability to borrow, and thus its ability to wage war. North and Weingast argued that it also permitted private parties to borrow more cheaply and widely. We test these inferences with evidence from a London bank. We confirm that private bank credit was cheap in the early eighteenth century, but we argue that it was not available widely. Importantly, the government reduced the usury rate in 1714, sharply reducing the circle of private clients that could be served profitably. [source]

Intuitive Lawmaking: The Example of Child Support

JOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 1 2009
Ira Mark Ellman
Setting the amount of a child support award involves tradeoffs in the allocation of finite resources among at least three private parties: the two parents, and their child or children. Federal law today requires states to have child support guidelines or formulas that determine child support amounts on a uniform statewide basis. These state guidelines differ in how they make these unavoidable tradeoffs. In choosing the correct balance of these competing claims, policymakers would do well to understand the public's intuitions about the appropriate tradeoffs. We report an empirical study of lay intuitions about these tradeoffs, which we compare to the principles underlying typical state guidelines. As in other contexts in which people are asked to place a dollar value on a legal claim, we find that citizen assessments of child support for particular cases conform to the pattern that Ariely and his co-authors have called "coherent arbitrariness": the respondent's choice of dollar magnitude may be arbitrary, but relative values respond coherently to case variations, within and across citizens. These patterns also suggest that our respondents have a consistent and systematic preference with respect to the structure of child support formulas that differs in important ways from either of the two systems adopted by nearly all states. [source]

Textual Corruption in the Civil Rights Cases

JOURNAL OF SUPREME COURT HISTORY, Issue 2 2009
GEORGE RUTHERGLEN
The Civil Rights Cases1 do not quite rival Plessy v. Ferguson2 for notoriety as the decision that most clearly confirmed the failure of Reconstruction and the rise of Jim Crow. Yet the Civil Rights Cases did far more than Plessy to limit federal power to address the continuing consequences of slavery. They declared unconstitutional the Civil Rights Act of 1875 insofar as it prohibited discrimination in public accommodations operated by private parties. Congress passed that act under its powers to enforce the Thirteenth and Fourteenth Amendments, but the Court held the act unconstitutional on the ground that private discrimination was neither a badge or incident of slavery under the Thirteenth Amendment nor a manifestation of state action under the Fourteenth. Although the Court's holding under the Thirteenth Amendment was effectively overruled by the Warren Court,3 its holding under the Fourteenth Amendment continues to be influential, supporting a decision of the Rehnquist Court striking down the Violence Against Women Act.4 [source]

The Emerging Federal Quasi Government: Issues of Management and Accountability

PUBLIC ADMINISTRATION REVIEW, Issue 3 2001
Ronald C. Moe
There has been a growing trend in the federal government toward reliance on organizations that commingle legal attributes of the government and private sectors. These hybrid organizations now constitute a quasi government that occasions both interest and concern by political leaders, practitioners, and scholars alike because these organizations touch the very heart of democratic governance: To whom are these hybrids accountable? How well is the public interest being protected against the interests of private parties? In this article, the author seeks to define the quasi government and place these hybrid entities into manageable categories from which legal and behavioral generalizations may be drawn. Are hybrid organizations a problem or a solution? Looking critically at this question, the author suggests the answer may depend in large measure on which of two management paradigms the reader accepts: the constitutionalist management paradigm or the entrepreneurial management paradigm, both of which are defined and discussed. The author concludes that the increasin reliance on hybrid organizations constitutes a threat not only to accountable management within the government, but to the fundamental values of democratic governance as well. [source]

Victims' Rights in Criminal Trials: Prospects for Participation

JOURNAL OF LAW AND SOCIETY, Issue 2 2005
Jonathan Doak
Victims in common law jurisdictions have traditionally been unable to participate in criminal trials for a number of structural and normative reasons. They are widely perceived as ,private parties' whose role should be confined to that of witnesses, and participatory rights for such third parties are rejected as a threat to the objective and public nature of the criminal justice system. However, recent years have witnessed both a major shift in attitude in relation to the role of victims within the criminal justice system and a breakdown in the public/ private divide in criminal justice discourse. This article considers the standing of the victim within the criminal trial against the backdrop of such changes, and examines the arguments for a more radical course of reform that would allow victims to participate actively in criminal hearings as they are able to do in many European jurisdictions. [source]