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- Title
The Statement of Interest as a Tool in Federal Civil Rights Enforcement.
- Authors
Zapana, Victor
- Abstract
The federal government recently has ramped up its use of statements of interest -- amicus filings that are filed in federal and state trial courts across the country. Filing such briefs has become a key litigation strategy for federal civil rights enforcement. But no one has made a sustained effort to analyze these often-unnoticed statements. This Note places a spotlight on the briefs in civil rights litigation, offering the first wide-ranging analysis of them. The filing of such briefs, though a marked departure from historical governmental practice, generally is consistent with the government's longstanding role in protecting civil rights and promoting social change. Still, the practice is shrouded in mystery, and the Department of Justice does not appear to follow many, if any, rules or guidelines when issuing the amicus statements. This Note offers recommendations for increased transparency and more structured use of the government briefs.
- Subjects
UNITED States; CIVIL rights; LAW enforcement; SOCIAL change; HISTORY of government policy; GUIDELINES
- Publication
Harvard Civil Rights-Civil Liberties Law Review, 2017, Vol 52, Issue 1, p227
- ISSN
0017-8039
- Publication type
Article