posc 130 final review sheet - POSC 130g Final Exam Review...

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POSC 130g: Final Exam Review Sheet Orderly dispute resolution o Def: deciding cases under the rule of law, a promise of the courts to act as a neutral third party to resolve conflict between two parties, does a relatively poor job because it is too costly for one-shotters and too unpredictable for repeat players. Logic of the Triad - t he idea that two parties in conflict refer their dispute to a third, neutral party for resolution, “referees”. o Sig: US v. Nixon – the case involved President Nixon and the Watergate tapes, Nixon was forced to hand over the tapes and resign, despite his claiming of “executive privilege.” “Privilege” does not apply to criminal investigations. Supreme Court proved that they can handle politically charged disputes. An example of DCV because it overcame the institutional constraint that the President has the most power and acted as a neutral third party. o NY Times v. Sullivan – Sullivan was chief police of Montgomery, NY Times posted an add for civil rights containing factual errors about Sullivan, Sullivan sued, Supreme Court ruled NY Times was not at fault because there was no intention. You might expect the courts to be rushed aside for political reasons. Both examples of how the court is a 3 rd party, courts promised they would effect widespread change Correcting political failures o Def: making policy in areas that other branches are unwilling or unable to address, a promise of the courts, it is sometimes responsive to political failures – entrepreneurial lawyers, political judges, want to preserve high levels of rights consciousness o Sig: Ex: Brown v. Board of Education – Court ordered the desegregation of Southern schools and ruled the “separate but equal” clause unconstitutional. There was a set agenda, there must be policy prudence and elite/ public acceptance. More use of the courts after Brown rather than going to Congress. Questions of legitimacy are raised when courts try to correct political failures. Perceived prudence means the courts see a need to correct political failures because of elite and public opinion. Correcting market failures o Def: another promise of law to address market limitations, such as unfair distribution, negative externalities, common pool problems, e.g. underlying market conditions, labor law, problems that can’t be addressed through other branches o Sig: Adversarial legalism delivers on this promise, adversarial legalism depends on availability of legal resources to one shotters and the nature of the problems. Labor laws – there is a problem of unfair distribution if it is unregulated. Environmental laws – externalities, third party costs, there must be policy prudence and elite/ public acceptance Brown v. Board of Education o Def: Court ordered the desegregation of Southern schools and ruled the “separate but equal” clause unconstitutional. Case started as interest group politics (political activism), then
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