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The Effect of Austerity on Institutional Litigation

The Effect of Austerity on Institutional Litigation Law and Human Behavior, Vol. 6, No. 2, 1982 Jack B. Weinsteint When we approach the subject of courts and institutional reform, we should remember that it is not the institutions but the people they serve that are our primary concern. The kinds of people our public institutions affect are primarily the poor, the elderly, the families headed by women with children, and the nonwhite members of this society who make less, own less and, relative to their means, owe more.l These are the clients of the social institutions with which we are concerned. The failure of these services must have a disproportionate impact on the elderly, the disabled, and the minorities of our society. Racism and poverty are facts of American life that the courts do not ignore. Institutional reform means doing more for the poor and minorities at the expense of the more well-to-do. Strict Fourteenth Amendment scrutiny will not be invoked where discrimination is economic, even though racial disparities in financial position mean that such eco- nomic discrimination leads indirectly to racial distinctions in services rendered by the state. Professor Tribe has accurately synthesized the current view: there is on the part of the Supreme Court, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Law and Human Behavior American Psychological Association

The Effect of Austerity on Institutional Litigation

Weinstein, Jack B.
Law and Human Behavior , Volume 6 (2): 7 – Jun 1, 1982
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Publisher
American Psychological Association
Copyright
Copyright © 1982 American Psychological Association
ISSN
0147-7307
eISSN
1573-661X
DOI
10.1007/BF01044860
Publisher site
See Article on Publisher Site

Abstract

Law and Human Behavior, Vol. 6, No. 2, 1982 Jack B. Weinsteint When we approach the subject of courts and institutional reform, we should remember that it is not the institutions but the people they serve that are our primary concern. The kinds of people our public institutions affect are primarily the poor, the elderly, the families headed by women with children, and the nonwhite members of this society who make less, own less and, relative to their means, owe more.l These are the clients of the social institutions with which we are concerned. The failure of these services must have a disproportionate impact on the elderly, the disabled, and the minorities of our society. Racism and poverty are facts of American life that the courts do not ignore. Institutional reform means doing more for the poor and minorities at the expense of the more well-to-do. Strict Fourteenth Amendment scrutiny will not be invoked where discrimination is economic, even though racial disparities in financial position mean that such eco- nomic discrimination leads indirectly to racial distinctions in services rendered by the state. Professor Tribe has accurately synthesized the current view: there is on the part of the Supreme Court,

Journal

Law and Human Behavior – American Psychological Association

Published: Jun 1, 1982

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