notes september 6

notes september 6 - September 6, 2005 Today's Agenda: 1....

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September 6, 2005 Today’s Agenda: 1. Recap 2. The Limits of Law: An Overview 3. Doctrinal Constraints: A Closer Look Law and Markets Some Types of Market Failures Role of Law in Addressing… Unfair distribution: markets create small groups of winners and big groups of losers. Level the playing field. For example, Redistribute Wealth (tax law); redistribute organizational resources (labor law) Externality or spillover effects Internationalization of costs. E.g. fines, “nuisance” law. Common pool problem: we have a resource that cannot be excluded from the commons: air, etc. Regulation/rationalization of resources utilization: E.g. permits, command and control regulation. Overview of the Limits on Law and Courts: 3 Ideal Types Doctrinal Constraints : formal limits on the courts that are derived from statues, court decision, or administrative regulations. Institutional Constraints : limits on the courts that stem from (a) the way in which courts are internally organized or (b) the way in which courts interact with other (“external”) political actors. Cultural Constraints
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This note was uploaded on 10/22/2007 for the course POSC 130g taught by Professor Below during the Fall '06 term at USC.

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notes september 6 - September 6, 2005 Today's Agenda: 1....

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