The ordinary and the extraordinary in institutional litigation

Institutional litigation, in which courts are requested to oversee the operation of large public institutions, has been frequently attacked as a departure from the traditional model of litigation. In this Article, Professors Eisenberg and Yeazell argue that the procedures and remedies employed in institutional litigation are not unprecedented but have analogues in older judicial traditions. Nor, they assert, do the doctrines of separation of powers and federalism present any obstacles to institutional litigation. They conclude that the novelty lies in the newly created substantive rights which courts are asked to enforce.     

Reviews

Allan K. Wildman, The End of the Russian Imperial Army: The Old Army and the Soldiers’ Revolt (March‐April 1917). Princeton, N.J.: Princeton University Press, 1980. 402 pp. £13.70.

Adam Zwass, Money, Banking and Credit in the Soviet Union and Eastern Europe, translated by Michel C. Vale. New York: M. E. Sharpe Inc. London: Macmillan, 1979. 233 pp. £12.00.

Jan Adam, Wage Control and Inflation in the Soviet Bloc Countries. London: Macmillan, 1979. i‐xx+243 pp. £15.00.

Robert A. Lewis and Richard H. Rowland, Population Redistribution in the USSR. Its Impact on Society, 1897–1977. New York: Praeger Publishers (Praeger Special Studies), 1979. xx + 485 pp. £22.50.

Michael Bourdeaux, The Land of Crosses, Chulmleigh, Devon: Augustine Publishing Company, 1979, xviii + 339 pp. £3.00.

V. Stanley Vardys, The Catholic Church, Dissent and Nationality in Soviet Lithuania. Boulder: East European Quarterly. Distributed by Columbia University Press, New York, 1978. 336 pp. $18.00.

Richard Taylor, The Politics of the Soviet Cinema 1917–1929. Cambridge: Cambridge University Press, 1979, xvi + 214 pp. £9.50.     

DHHS human subjects protection: the new regulations revisited

In January of 1981 DHHS released its revised regulations for the protection of human subjects. These new regulations established five categories of federally funded research--primarily in the educational, social and behavioral sciences--which, at local Institutional Review Board (IRB) US ISSN (0193-7758) 1168 option, could be made exempt from mandated peer review. A survey of the 562 member IRB system was conducted to determine, among other things, what policies individual review boards had established with regard to these optionally exempted categories. 341 (61%) of the IRBs responded to the survey. Results indicate that the IRBs have overwhelmingly opted to maintain review procedures at some level in each of the "exempted" categories and that these procedures, as well as the other DHHS standards, are being applied almost universally to all research regardless of funding source. This article presents data on IRBs and their implications for the educational, social and behavioral sciences.