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Political World of Federal Judges as Managers

NCJ Number
100278
Journal
Public Administration Review Volume: 45 Dated: special issue (November 1985) Pages: 660-666
Author(s)
T E Yarbrough
Date Published
1985
Length
7 pages
Annotation
Drawing on mental health and prison reform litigation in Alabama, this article analyzes the complex process of decisionmaking and implementation in omnibus human rights cases, the changing relationship of judges and administrators in such cases, special problems posed, and opportunities for negotiation and compromise.
Abstract
The cases of Wyatt v. Stickney, Pugh v. Locke, and James v. Wallace demonstrate that the judge's presence and authority are central to controversial changes in State administrative facilities. Without judicial intervention, it is unlikely that needed reforms in Alabama's mental institutions and prisons would have occurred. A review of the implementation process shows that provisions of the judge's decree may be more the product of negotiation than of the adversary process. The article examines how budgetary and other limits to the judge's authority impact the implementation of reform. Other influential factors discussed include the institutions created to monitor compliance, the political environment, and bureaucratic actors responsible for implementation. 24 footnotes.