Final Review Terms - Class action Who are Bell’s “two...

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LS182 Terms, concepts and ideas Federal system Adversarial vs. inquisitorial systems Piercing the corporate veil Tort Crime “Traditional lawsuit” vs. “public law litigation” lawsuit Polycentric problem Form and limits of adjudication The “new model” of public interest litigation Equity “Neither sword nor purse” Dahl’s argument about the Supreme Court as a “national policy maker.” Judicial review The counter-majoritarian difficulty OS’s vs. RP’s. Have’s vs. Have Not’s, advantages of… PIE vs. un-PIE Naming, Blaming, Claiming Persons and Masks of the Law What is the “Virginia Paradox”? Litigation as an interest group activity Federalism Adversarial Legalism The nature of litigation in the “bureaucratic” state Distinction between “rights” and “interests” Supporters of conservative public interest law firms and sources of income
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Unformatted text preview: Class action Who are Bell’s “two masters”? The “ethic of survival” The perpetrator vs. victim perspective in anti-discrimination law Massey and Denton’s arguments for continued racial discrimination (Massey and Denton’s Index of Black-White segregation? Black-White Isolation Concepts from Rosenberg’s The Hollow Hope and related materials? What is the “hollow hope”? Constrained vs. dynamic court Conditions for overcoming constraints The “tides of history” explanation for social change Courts as catalysts for social change Separate but equal Basis for decision in Brown v. Board of Education The sources of the “right to privacy” Basis for decision in Roe v. Wade The “fly-paper court”...
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