notes September 20 - Agenda Recap of Last Week Describing...

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September 20, 2005 Agenda: Recap of Last Week Describing American Courts in Comparative Perspective Next time: Two Puzzles… Recap: Organization of American Courts American Courts in Comparative Perspective… o Political Culture American Creed o Demography/Geography As empowering U.S. Courts except…. o Political Institutions Fragmented Authority and the Courts… - Diversity Cases: dispute under state laws of citizens from different states. - Federal Courts: vertically organized. o Supreme Court at top we do not have a single hierarchy, we have hierarchies. - 51 legal systems, 50 state systems, 1 Federal system Judicial Dynamism : courts being a vanguard for certain issues. - Ex. Civil Rights Movement A Typology of Legal Systems (Kagan 2001) Informal Formal Extent to which decisions made according to preexisting rules. - Arbitration between “Negotiation and Mediation” and “Adversarial Legalism.” Arbitra tion: contraction courts; some arbitration is more hierarchical. - NZ System between “Expert of Political” and “Bureaucratic Legalism” Every country has their own set of laws and courts. Party influenced vs. Hierarchical: how the courts are organized. Expert of Political: designated officials are given power to make decisions on case by case basis. Ex. Processing of medical claims, especially in European countries. You fall and you break your ankle; your friend does the same and states that they deserve certain perks because of what you got. (New Zealand System: if you’re injured, you go to a government official and based on the injury, they will tell you how much money you are entitled to; Soviet Bloc Courts). Bureaucratic Legalism: government officials deciding things based on preexisting rules and procedures; Ex. German system would look long and hard at the law and see how the case will be decided.
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