Remedying Constitutional Violations by Government Institutions: A Case Study of U.S. Courts and Child Welfare Policy

Abstract

In this article the impact and implementation of remedial law in the United States is examined. A case study method is employed with a focus placed on a single state in the substantive policy area of child welfare. A review of remedial law literature is presented, followed by an overview of the theoretical framework. Next, the state-vs-child welfare case is described followed by data analysis. The analysis identifies a group of variables that contributes to implementation failure and compares implementation of judicial policy between the private and public sector.