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TheBestPOSCReviewGuide - Final Study Guide Orderly Dispute...

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Final Study Guide Orderly Dispute Resolution -one of the promises of the courts -PROMISE to resolve disputes in an orderly fashion under the color of the law, despite high political stakes Examples -US v. Nixon- president complies with court orders despite likely 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 -meaning law and courts potentially provide a means to address claims that other policy makers are either unable or unwilling to address. -the point is NOT that courts will always act wisely or efficiently -this is a different function from 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 prudence- courts are hesitant about legislative and executive actions and review the constitutionality of such motions -Involves making policy in an area that other branches are unwilling or unable to address -Promise of the courts to correct policy if other branches are unable to -The point is not that the courts will always act wisely or efficiently, this is a completely different function than orderly dispute resolution and connotes an entirely different “social logic” Correcting Market Failure -Markets are a form of social organization which set prices as a function of supply and demand - it is politically and socially instructed. - does some things well and somes not very well - comes with a lot of ideological balance (both for and against) -Plusses for Markets -help to regulate production and consumption -creates incentives for innovation and investment -sets prices as a function of demand -Minuses for Markets -No Mechanism for distributional quality (creates potential “stakeholder” problem)
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-dependence on reliable information/ Easy entry and exit -“Externalities” and “Common Pool” Problems Example pollution Is an unaccountaed for third party cost, a cost that isn’t “internalized” by the relevant actors “common pool” resource scarcity, demand exceeds supply, creates an incentive for over use -LABOR LAWS and ENVIRONMENT LAWS -Source of legitimacy- by elites and public 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: o Is politically and socially constructed o Does some things well and some things bad o Comes with a lot of ideological baggage Types of market failures: o Unfair distribution o Externality or spill-over effects o Common pool problem Brown v. Board of Education A ruling o desegregate the public school system when both congress and the pres. failed
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