Final Essays - Question 1 Is Galanter wrong Galanter is...

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Question 1: Is Galanter wrong? Galanter is right 1. same argument that Galanter made, RP’s have relationships with judges, know the system, have more resources 2. you can’t reform A-L, due to capture, the distrust of agencies, bargaining in the shadow of the law, political inertia (Barnes) 3. in most cases, the one-shotters aren’t even OS because they have help from RP, Brown and LaFleur had interest group help 4. the cases we have looked at are a specific selection and don’t represent the overall trend of court cases 5. Bedroom ploy, discourages individuals from bringing suits Galanter’s argument is still relevant but not as much due to the changing American Creed and A-L 1. uncertainty of how the law will be ruled makes it difficult for RP’s to win 2. it easier for individuals to bring tort suits Question 2: as in example of Brown , the NAACP wouldn’t have been able to lobby in Congress because the members of Congress are responsible to their constituents whereas the courts are responsible to no one the courts could be used as a method of creating policy that was against the political consensus refer to Dynamic Institutional Constraint Shoney’s case; food company in the South that was discriminating against blacks in the work force, their main customer is the African American community in the south, they had to change their business strategy in order to sell Court orders are easily encoded into standard procedures; i.e. hiring principles in
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