legal studies - Rule of Law paramount Legal studies...

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1/24/19Rule of Law paramountLegal studies approach to legal education: law and society not separate Legal reasoning is the combination of certain variables to produce an outcome in a case 1/29-Rule of Law -Legal Reasoning - combination of certain variables by judges to produce decisions in case 1.Social context out of which case emerge 2.“Facts of case” 3.“Rules” of law 4.Precedent for applying facts to rules5.Judicial attitudes and values 2/14(discretion in judging and Plessy) Plessy-13 and 14th amendment claims -“Reasonable” application of police power and discretion of state legislature -“In the nature of things” being beyond 14th amendment equal protection -Equal protection can only reach those laws which impact civil or political rights or are unreasonable and unjust in its targeting of a identifiable minority -But equal protection and the very constitution itself cannot reach social inequality n the nature of things of course -Upon that ground the minority and majority are in some agreement but use discretion differently in drawing the line between social and political inequalityHarlan -Race discrimination in law which inhibits civic and political participation has been ruled unconstitutional -Constraints on freedom of choice likely implicate constitutional rights accd to Harlan -Choosing where to sit on the train is a civil freedom and La’s argument that it reasonablypreserves order doesn't really matter Sep but Equal, colorblind constitutionalism De Jure/De Facto -Doctrine of Plessy: De Jure discrim on basis of race is constitutional so long as equality exists otherwise AND political/civil rights not abridged -Equality prong was first vehicle for challenging Separate but equal -Consti Color Blindness would be the ultimate weapon against Jim Crow in Brown v bd. Of ed. -De facto discrim: sep by race in social realm is beyond the law and the consti -Post Brown de jure race discrim is on its face unconstitu and is subject to strictest of
judicial scrutiny Laws and Values -value/ fact binary “pressure of relativism” -For lawyers, the role of advocate eliminates the tension: for judges their client is the law -Rule based justice can and often does run into values and defining moments are often the crystallized of conflict of case law -In law, values such as blindness and fairness of treatment and predictability are articulated in practices like due process, equal protection, and stare decisis Flannery - simple living and hard choices -Profess v personal social values -Ex. amniocentesis, abortion, and DES-Cultural and sociological variables leading to values challenges/ conflicts -Variables combine in particular maldives which present flannery and others with a valuesdilemma -Ex of bad nerves -Bottom line: pro values can come into conflict w both personal values of indiv pro and the values of individ/ communities they work with Cook vs state -Facts -Cooks claims -Due process and equal protect as practices articulating law pro values -Compelling state interest and values -

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