Mid-Term Review fite

Mid-Term Review fite - Law, Politics, and Public Policy...

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Law, Politics, and Public Policy Midterm Review The “logic of the triad”: triangle with the court at the top and two litigants at each bottom corner. Inherently unstable because after ruling one party will always think unfair (consent to the process makes this little better, rule of law too because ruling based on preexisting rules) o - Significance: it’s tailored and particularized to each case and it’s efficient and there is mutual accommodation. Negatives to Self help include that there are no procedural checks against mistakes, and there is the possibility for problem escalation. “self help”: reach agreement between the two parties/take law into own hands (godfather). o Advantages: more hope for compromise, particularized, efficient, mutual accommodation o Disadvantages: never ending dispute, courts are transparent, precedents in court so know what to expect, escalation, no procedural checks o Significance: law and courts potentially provide a means to address claims that other policy makers are unable or unwilling to address; it’s important for the preservation of the triad because law applies equally to everyone. o Rule of law : the norm/expectation that legal disputes will be resolved according to pre-existing rules, procedures, regardless of indiv. Litigants o - Significance: law and courts potentially provide a means to address claims that other policy makers are unable or unwilling to address; it’s important for the preservation of the triad because law applies equally to everyone. US v. Nixon : Supreme Court rules presidential privilege does not cover criminal cases. Rule of law wins against more powerful man in world. o - Significance: Is an example of orderly dispute resolution, which upholds the logic of the triad. NY Times v. Sullivan : during civial rights movement in Alabama, people doing a bus boycott published an ad in the paper that made many claims about public officials. $500,000 in punitive damages found in favor of officials. Changed the freedom of the press because changed what papers liable for. Supreme Court said public officials can be criticized as long as not malicious o - Significance: Is an example of orderly dispute resolution, which upholds the logic of the triad. The Constrained court view : court is constrained by doctrinal, institutional, cultural constraints. Says if 1 constraint weak the others will still hold up.
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o Doctrinal: formal limits on courts that are derived from statutes, court decisions, or administrative regulations – you can go read them! Constraint on judicial power: standing (have stake in case), ripeness (ready for court), mootness (already been resolved) Constraint on judicial coercion: remedy laws (limits on punitive damages, etc) o Institutional: limits on courts that stem from a) way courts internally organized b) way courts interact with each other Must rely on outside litigants to bring case up so passive
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This test prep was uploaded on 04/15/2008 for the course POSC 130g taught by Professor Below during the Fall '06 term at USC.

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Mid-Term Review fite - Law, Politics, and Public Policy...

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