Sean Farhang

U.C. Berkeley Law School

Professor of Law

694 Simon Hall

Berkeley, CA 94720

United States

  • U.C. Berkeley Law School

SCHOLARLY PAPERS

17

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Top 26,461

in Total Papers Downloads

2,489

SSRN CITATIONS
Rank 49,931

SSRN RANKINGS

Top 49,931

in Total Papers Citations

6

CROSSREF CITATIONS

7

Scholarly Papers (17)

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1.

Litigation Reform: An Institutional Approach

University of Pennsylvania Law Review, Vol. 162, P. 1543, 2014, U of Penn Law School, Public Law Research Paper No. 13-28
Number of pages: 76 Posted: 29 Nov 2013 Last Revised: 13 Sep 2014
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 391 (98,724)

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Courts, practice and procedure, politics, Federal Rules of Civil Procedure, Rules Enabling Act, restrictions on private enforcement of legislation, judicial amendment, interpretive amendments, SCOTUS, litigation reform, empirical research, quantitative evidence of the power of procedure, ideology

2.

Private Enforcement of Statutory and Administrative Law in the United States (and Other Common Law Countries)

in PROCEDURAL JUSTICE 197-318 (Peter Gottwald & Burkhard Hess, eds. 2014)., U of Penn Law School, Public Law Research Paper No. 11-08
Number of pages: 120 Posted: 09 Mar 2011 Last Revised: 06 May 2014
Stephen B. Burbank, Sean Farhang and Herbert M. Kritzer
University of Pennsylvania Carey Law School, U.C. Berkeley Law School and University of Minnesota Law School
Downloads 305 (129,873)
Citation 5

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Administrative law, politics, practice and procedure, regulation, delegation, compliance, structure of private enforcement, common law, enforcement regimes, employment discrimination law, consumer protection legislation

3.

Federal Court Rulemaking and Litigation Reform: An Institutional Approach

Nevada Law Journal, Vol. 15, Pg. 1559, 2015, U of Penn Law School, Public Law Research Paper No. 14-26
Number of pages: 38 Posted: 13 Aug 2014 Last Revised: 16 Mar 2016
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 280 (142,074)

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Practice and procedure, courts, politics and ideology of the judiciary, separation of powers, opportunities and incentives for private enforcement, legislation, Federal Rules of Civil Procedure, SCOTUS, empirical research, Civil Rules Advisory Committee

4.

Private Enforcement

Lewis & Clark Law Review, Vol. 17, P. 637, 2013, U of Penn Law School, Public Law Research Paper No. 13-22, Minnesota Legal Studies Research Paper No. 13-46
Number of pages: 88 Posted: 15 Sep 2013
Stephen B. Burbank, Sean Farhang and Herbert M. Kritzer
University of Pennsylvania Carey Law School, U.C. Berkeley Law School and University of Minnesota Law School
Downloads 263 (151,418)

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Administrative law, politics, practice and procedure, regulation, delegation, compliance, structure of private enforcement, common law, enforcement regimes, employment discrimination law, consumer protection legislation

5.

Class Actions and the Counterrevolution Against Federal Litigation

University of Pennsylvania Law Review, Vol. 165, No. 1495, 2017, U of Penn Law School, Public Law Research Paper No. 15-12
Number of pages: 36 Posted: 24 Jun 2015 Last Revised: 17 Oct 2017
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 253 (157,514)

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Empirical legal studies, Federal Rules of Civil Procedure, rule 23, litigation, private enforcement of rights, legislation, rulemaking, politics and ideology of the judiciary, polarization, Supreme Court of the United States, conservative legal movement, class action certification, attorney fees

6.

Politics, Identity, and Class Certification on the U.S. Courts of Appeals

Michigan Law Review, Vol. 119, p. 231, 2020, U of Penn Law School, Public Law Research Paper No. 19-32
Number of pages: 60 Posted: 17 Aug 2019 Last Revised: 14 Nov 2020
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 159 (241,391)

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Federal judges, circuit courts, judicial diversity & behavior, panel effects, political affiliation, influence of ideology, gender & race, gender gap, substantive representation, class actions, complex litigation, civil rights, Federal Rules of Civil Procedure, empirical study of panel composition

7.

Legislating Incentives for Attorney Representation in Civil Rights Litigation

Journal of Law and Courts, vol. 2(2), pp. 241-271 (Fall 2014)
Number of pages: 47 Posted: 10 Jul 2011 Last Revised: 22 Oct 2020
Sean Farhang and Douglas M. Spencer
U.C. Berkeley Law School and University of Colorado Law School
Downloads 154 (246,545)
Citation 1

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Representation, job discrimination, private enforcement, civil rights, litigation, change point models

8.

The Politics of Opinion Assignment and Authorship on the U.S. Court of Appeals: Evidence from Sexual Harassment Cases

Number of pages: 47 Posted: 23 May 2012 Last Revised: 24 Apr 2014
Sean Farhang, Jonathan P. Kastellec and Gregory Wawro
U.C. Berkeley Law School, Princeton University - Department of Political Science and Columbia University - Department of Political Science
Downloads 126 (288,542)
Citation 3

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Opinion assignment, authorship, Courts of Appeals, gender, ideology, sexual harassment

9.

The Subterranean Counterrevolution: The Supreme Court, the Media, and Litigation Retrenchment

DePaul Law Review, Vol. 65, P. 293, 2016, U of Penn Law School, Public Law Research Paper No. 15-7
Number of pages: 30 Posted: 26 Apr 2015 Last Revised: 16 Nov 2016
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 118 (302,596)

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Empirical legal studies, public opinion and awareness, news coverage, issue salience, litigation, private attorney general, Supreme Court of the United States, politics of the judiciary, democracy, Federal Rules of Civil Procedure, rulemaking, rights retrenchment, conservative legal movement

10.

Legislative-Executive Conflict and Private Statutory Litigation in the US: Evidence from Labor, Civil Rights, and Environmental Law

Goldman School of Public Policy Working Paper No. GSPP10-008
Number of pages: 55 Posted: 03 Oct 2010
Sean Farhang
U.C. Berkeley Law School
Downloads 107 (323,979)
Citation 1

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11.

Class Certification in the U.S. Courts of Appeals: A Longitudinal Study

Law and Contemporary Problems, Vol. 84, p 73, 2021, U of Penn Law School, Public Law Research Paper No. 21-03
Number of pages: 34 Posted: 20 Jan 2021 Last Revised: 12 Jan 2022
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 85 (375,334)

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complex litigation, class actions, certification, appellate courts, judges, Federal Rules of Civil Procedure, FRCP, Rule 23(f), empirical legal studies, political polarization, interlocutory & final-judgment appeals, Wal-Mart Stores v. Dukes, Comcast v. Behrend

12.

A New (Republican) Litigation State?

U.C. Irvine Law Review, vol. 11, p. 657, 2021, U of Penn Law School, Public Law Research Paper No. 20-13
Number of pages: 36 Posted: 06 Apr 2020 Last Revised: 05 Mar 2021
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 59 (457,077)

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Political parties, civil litigation, statutory implementation, private enforcement, regulatory laws, attorney’s fees, fee shifting, enforcement powers, regulatory legislation, access to court, federal litigation

13.

Rights and Retrenchment in the Trump Era

Fordham Law Review, Vol. 87, Pg. 37, 2018, U of Penn Law School, Public Law Research Paper No. 18-12, UC Berkeley Public Law Research Paper
Number of pages: 29 Posted: 24 May 2018 Last Revised: 07 Nov 2018
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 50 (492,405)

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Courts, private enforcement of rights, politics & ideology of judiciary, polarization, SCOTUS, Supreme Court, Congress, Rules Enabling Act, conservative legal movement, restrictions on private enforcement of legislation, amendments to Rule 23, class actions, litigation reform, empirical research

14.

Legislative Capacity and Administrative Power Under Divided Polarization

Number of pages: 25 Posted: 04 Nov 2020
Sean Farhang
U.C. Berkeley Law School
Downloads 44 (518,830)
Citation 1

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polarization, divided government, administrative state, separation of powers

15.

Legislating for Litigation: Delegation, Public Policy, and Democracy

California Law Review, Forthcoming
Number of pages: 78 Posted: 02 Oct 2018
Sean Farhang
U.C. Berkeley Law School
Downloads 42 (528,249)
Citation 2

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litigation, regulation, delegation

16.

Litigation and Reform

In The Politics of Major Policy Reform in Postwar America, eds., Jeffrey Jenkins and Sidney Milkis, Cambridge University Press, 2014, Forthcoming
Number of pages: 47 Posted: 05 Dec 2012 Last Revised: 22 Jan 2014
Sean Farhang
U.C. Berkeley Law School
Downloads 41 (533,065)

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litigation, regulation

17.

Politics, Identity, and Pleadings Decisions on the U.S. Courts of Appeals

U of Penn Law School, Public Law Research Paper No. 22-06, University of Pennsylvania Law Review, Forthcoming
Number of pages: 66 Posted: 12 Jan 2022
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 12 (750,677)

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Federal judges, circuit courts, judicial diversity & behavior, panel effects, political affiliation, ideology, gender & race, complex litigation, civil rights, discrimination, Federal Rules of Civil Procedure, empirical studies, motions to dismiss, Rule 12(b)(6), Twombly, Iqbal