Midterm Essay Question Review

Midterm Essay Question Review - 1.When are American courts...

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1.When are American courts likely to be constrained? And when are they more likely to be dynamic? CCV- constrained court view, courts are limited in their ability to make change and thus constrained, for example checks and balances (congressional overrides) a) Doctrinal constraints: constraints based on law and or regulation (judicial cant) b) Institutional constraints: external/internal. Fragmentation and passivity of courts. c) Cultural Constraints: influenced by public opinion and elite. (to kill a mockingbird, graffiti, reluctance and resistance, local resistance to brown v board) d) Fragmentation- wtf? DCV- dynamic court view, courts are able to create change and thus dynamic. a) Believes courts are a politically independent power. b) Fragmentation- wtf? c) Political vacuum hypothesis. 2. How does the American legal system differ from those in other economically advanced democracies? American Creed: American values influence courts emphasizing the rights of the invididual. P.I.L.L.E (populism, individual, liberty, laissez-faire, egalitarianism) Social distance theory: really widespread and diverse, we are a nation of strangers, so we sue the shit out of each other. A belief in innocent until proven guilty.
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This note was uploaded on 05/07/2008 for the course POSC 130g taught by Professor Below during the Spring '06 term at USC.

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Midterm Essay Question Review - 1.When are American courts...

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