March_20th - PLS 320: AMERICAN JUDICIAL PROCESS The Dynamic...

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Unformatted text preview: PLS 320: AMERICAN JUDICIAL PROCESS The Dynamic and Constrained Court Models of Judicial Impact Happy Easter! Easter is named for the Germanic month of Eostur, derived from a Pagan Goddess Eastre or Ostara (about which little is known). Additionally, it is the day Christians believe Jesus was resurrected. It is also the day the Easter Bunny supposedly brings candy and gifts to good little children in baskets. Dynamic Courts versus Constrained Courts o Rosenberg defines judicial impact as the ability of courts to produce significant social and political change. What is significant social and political change? o Rosenbergs standard is policy change with a nationwide impact that alters bureaucratic and institutional practice to affect the lives of a large class of individuals. o This does not mean simply protecting the rights of a few individuals. Rosenbergs Approach o Rosenberg asserts that in order to demonstrate judicial impact, it is necessary to show a causal relationship between a decision and social and/or political change. o Courts may produce change through two paths: 1) The Judicial Path 2) The Extra-Judicial Path o Otherwise change should not be assumed to be related to the court decision. Questions We Should Have o Is this a fair standard? Perhaps, we can look to develop our own standard as we go along. o Where can reformers go for social and political change? o Why would the Supreme Court seem to be an inviting place for reformers to seek significant social and political change? Cognitive Dissonance in Attitudes Toward the Courts Americans have conflicting feelings toward the role of Courts in social reform....
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March_20th - PLS 320: AMERICAN JUDICIAL PROCESS The Dynamic...

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