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The Role of Special Master in Institutional Reform Litigation: A Case Study
Authors:MURRAY LEVINE
Institution:Professor of Psychology at the State University of New York at Buffalo and Director of the Clinical Area. He also directs the Child Clinical Psychology and Law Program, a cooperative venture between the State University of New York at Buffalo School of Law and Jurisprudence and the Department of Psychology. He received his Ph.D. in Psychology in 1954 from the University of Pennsylvania, and his J.D. from the State University of New York at Buffalo in 1983. He is licensed as a psychologist in New York and was admitted to the bar in New York in 1984
Abstract:Wuori v Zitnay (1975), an institutional reform case, came to a successful resolution within a relatively few years. This case study describes the change process from the perspective of the special master and reports on devices used to sustain the changes after the court relinquished active supervision. The case study describes the functioning of masters in other cases to show the comparability of the processes. The special master undertakes change agent activities which are not in keeping with the model of a quasi-judicial role. The master preserves the court's legitimacy by providing a buffer which allows the court to maintain a neutral stance when implementation problems are brought to its attention.
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