Courts and the Puzzle of Institutional Stability and Change

Abstract

The institutional development literature has begun to move beyond the concept of punctuated equilibrium and consider how the forces of stability and change interact. A central theme involves drift—the shifting of the effect of stable institutions through changing circumstances. This article uses the case of asbestos injury compensation to highlight how the very features of American government that make drift likely also promise to displace it, as courts step in when Congress fails to act. The broader implication is that drift is best understood as a transitional stage of development, not a dominant mode of change, in fragmented policy-making systems with multiple access points.

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