nptes November 15 - Remaining Classes 11/15 and 11/17...

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November 15, 2005 Remaining Classes 11/15 and 11/17: Reforming A-L and Begin Courts and American Democracy 11/22: Finish Courts and American Democracy 11/29: Final Lecture 12/01: TA Review Sessions; Final Papers Due 12/08: Final, 11am-1pm, THH 101 A Closer Look at This Week’s Agenda Wrap up CCV v. DCV Discussion (at last!) Understanding the Landscape of Legal Reform in the US o Types of Litigation Reform o The Puzzle of US Litigation Reform Some Potential Obstacles to US Legal Reform o Inertia o Capture o American Distrust of Centralized Authority o Bargaining in the Shadow of Political Uncertainty How can we probe explanations other than inertia? The Case of Consumer Bankruptcy Reform Begin Material on Courts and American Democracy CCV v. DCV: Some Highlights See previous notes. Types of Legal Reform Strategies Discouragement Reform : Deter lawsuits without changing the structures of A-L (e.g. punitive damage caps). Substantive Efficiency Reform : Clarifies the law (e.g. the Uniform Commercial Code).
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