notes November 10 - Agenda Lecture Series Feedback Recap...

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November 10, 2005 Agenda Lecture Series Feedback Recap The Civil Rights Movement Revisited The Shoney’s Case Recap of the Jo Carol LaFleur Case DCV: o GOP v. Democrat Interpretations Law says whatever the judge wants it to. o Entrepreneurial Advocacy Judicial Policy-Making Opportunities Puts the courts right in the middle Why should the court make the decision the school board should be making? o The Litigation Coalition Connection Constitutional rights in the courts can be used as a basis for coalition. o The Supreme Court as an agent in the process –the power of cert (discretionary jurisdiction) and the shaping of the arguments CCV: o But Appointments matter o But not all cases have willing litigants (see “Bedroom Ploy” article) Some litigation is particularly persona… do you really want it to be public?” Sometimes its difficult to convince people to use adversarial legalism Sex discrimination Nature of litigation can deter people. o But Congress has the Final word o Cases follow the political ebbs and flows of the woman’s movement Why Not Congress (post WWII)? A Typology of Legislative Strategies Perceived Benefits Diffuse Concentrated Majoritarian Politics Client Politics Entrepreneurial Politics Interest Group Politics Why did the NAACP Turn to the Federal Courts?
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