Notes September 22

Notes September 22 - September 22, 2005 Agenda: Taking...

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September 22, 2005 Agenda: Taking stock… Huh? Recap of Last Time Bureaucratic Legalism versus Adversarial Legalism: A Closer Look Why more adversarial legalism in the United States? Why more adversarial legalism in the United States now? What have we been doing? This is a class on the role of the law and courts in the policy-making process. In part I, we argued that courts promise to serve a number of functions in society and that they face a number of constraints. We then set out a debate –the DCV v. CCV—which is an argument about whether courts serve these functions in American society, especially the functions of correcting political and market failure (see Rosenberg and related lectures). We are now exploring this debate by looking at (a) the relationship of American courts to other political branches (see, eg, the spatial model) and (b) the ways in which American courts are organized (see Baum and Kagan). The goal is to develop an understanding of when American courts—which in many ways
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Notes September 22 - September 22, 2005 Agenda: Taking...

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