notes December 1 - December 1 2005 Review Session What are...

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December 1, 2005 Review Session What are the three main promises? o Promise of the Law using the Logic of the Triad o Correct Market Failure Externality Public pay for your own issue o Correcting Political Failure Watergate Civil Rights Huge group of people against being discriminated. Constraints? o Doctrinal Precedent, statute o Institutional Internal: organization of the courts, passive, External: checks and balances When the court has enough power to make political change. o Cultural 6) All deal with social injustices, entrepreneurial lawyers, interest group politics; they all deal with dynamic court view because they all wanted to change policy regarding the issue; Versailles case: constrained because courts back away from decision, thinking it would have too many serious policy implications. Institutional constraint in LaFleur case is the appointment process because the judge; cultural constraint because it just followed the general polices and the case was moving in that direction anyways and didn’t change it.
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