Recap of the course

Recap of the course - Recap of the course PART I: what are...

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PART I: what are law and courts all about? What else did we learn? Courts may be dynamic or constrained based on doctrine, institutions, and culture PART II: What does the American legal system look like? It utilizes adversarial legalism Does AL make courts more likely to be constrained or dynamic? Tough to say Part III: how do we explore whether courts are constrained or dynamic? o We look at court cases in light of the constraints Like what? o Borough of Versailles v. KcKeesport o Jo Carol LeFleur o Shoney’s And thse tell us whether courts are constrained or dynamic? o They give us competing hypotheses Barnes kept saying that. What its mean? o Case like versaiille, LaFleur, and Shoney’s all provide proof of the DCV and CCV PartI: What are law and courts all about? o Orderly dispute resolution, correct political And market failures What else? o Courts may be dynamic or constrained based on doctrine, institutions… Rosenberg: Definitions o Dynmic courts-courts effection institutions at producig major social reform o Constrained Courts—courts are not effection inst at producing major reform Why may courts be constrained? o 1. Limited nature of rights everything dealt with in rights o 2. Limits on judicial independence. o 3. Implementation and Institutional Relations. “least dangerous branch”, power of the pen. Why courts may be dynamic o Free from electoral pressures Very rarely get impeached o Its not about connections. Need a good legal argument o Indirect effects Constraints Constraint Source of Constraint Example Doctrinal Law Fugitive Slave Law. Law was so crystal clear that judges had to send slaved back even if the didn’t want to Institutional Internal Org./External Actors
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This note was uploaded on 02/13/2008 for the course POSC 130g taught by Professor Below during the Spring '06 term at USC.

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Recap of the course - Recap of the course PART I: what are...

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