FinalReviewGuide* - Final Study Guide Orderly Dispute...

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Final Study Guide Orderly Dispute Resolution : Is one of the promises of the courts. A promise to resolve disputes in an orderly fashion under the color of the law, and regardless of high stakes. Examples: US v. Nixon-the president complies with court orders despite probable resignation. NY Times v. Sullivan- court promotes press freedom against entrenched political elites in the South and helped to preserve an active campaign of civil disobedience. We might expect the courts to be brushed aside for political reasons but the court effectively resolved these disputes (Logic of the Triad). Correcting Political Failure : Involves making policy in an area that other branches are unwilling or unable to address, and is the promise of the courts to correct policy if other branches are unable to. However, the point is not that the courts will always act wisely or efficiently, and is a completely different function than orderly dispute resolution and it rests on a different source of legitimacy, even though courts might try to argue the law compels their actions. Example: Brown v. Board- perceived prudent that courts are hesitant about legislative and executive action and review the constitutionality of such motions. Correcting Market Failure : Addressing market pathologies, e.g., common pool problems (unlimited wants and limited resources, unable to evenly split resources, therefore law must step in and regulate), externalities. Markets are a form of social organization, which set prices as a function of supply and demand. Like any form of social organization it is politically and socially instructed, does some things well and some things not very well, and comes with a lot of ideological baggage (both for and against). Types of market failures are unfair distribution, externality or spill-over effects, and common pool problems. A plus for Markets is it helps to regulate production and consumption. A minus for Markets is there is no mechanism for distributional quality (creates potential “stakeholder” problem). Examples are labor laws and environmental laws (Pollution.) Brown v. Board of Education A ruling o desegregate the public school system. The civil rights movement took advantage of civil disobedience to put pressure on the branches of government to take action. When both Congress and the Pres. failed to deliver in bringing along the social change, so the courts stepped in ruling over the controversial case. Illustrates the dynamic court view because the courts served as a catalyst in bringing forth revolutionary ideas in the form of civil rights. Touched on doctrinal constraints with the terms “all deliberate speed” which was the clause used by the states to fail in desegregating the schools. Overcame the cultural constraints of the South elitists who believed that African Americans did not deserve the equal rights that Caucasians were afforded. Shows the court stepping out of orderly dispute resolution, correcting political failure, and making
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FinalReviewGuide* - Final Study Guide Orderly Dispute...

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