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notes september 8

notes september 8 - September 8 2005 Todays Agenda Recap o...

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September 8, 2005 Today’s Agenda Recap o The Three Limits on the Law o Doctrinal Limits Institutional Limits o Internal Constraints o External Constraints Cultural Limits o On Law, Landlords, and Subway Graffiti Wrap up of Part I of the Class/Segue to Part II o The Constrained Court View (“CCV”) versus Dynamic Court View (“DCV”) Institutional Constraints: Definitions Institutional Constraint : limits on the courts that stem from o (a) the way in which courts are internally organized (i.e. internal constraints) o (b) the way in which courts interact with other political actors (i.e. external constraints). o Internal Constraints : Courts are passive Courts have to rely on outside litigants to file cases. Once a case is properly filed, they have to decide; they cannot choose to exclude things that are properly filed. Distribution of legal resources Galanter and “Why the Haves Come Out Ahead” o There is not fair distribution of legal resources. o What are “repeat players” (“RPs”) and “one-shotters” (“OS’s”) Repeat players continually go to court; litigants who are engaged in many similar cases over time Ex. Corporations, Public interest groups One-shotter are litigants who have only occasional recourse to the courts. E.g. you only get divorced once; you aren’t doing the same thing over and over again.
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