29 - POSC130gLec10/29 How to get stared on the paper 16:33...

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POSC130g Lec 10/29 16:33 How to get stared on the paper Brief Recap Some asides If we live in age of total justice, why tort reform? Should the courts have used their powers to rewrite tort law or deferred to the elected branches? The evolution of tort law ad the DCV v. CCV debate? Judicial policy making-constrained dynamism Judicial power v. judicial coercion How to get started on the paper? 1 st , find a potential case for analysis identify a policy area that interests you-the war on terror, abortion, intellectual property, etc Go to CQ Weekly database and do a key word search with topic and “court” (e.g. institutional back and forth is good) Read about the case If it seems interesting, go to Lexis/Nexis and obtain a copy of the case and briefs (if available) In general, recent SC cases are best 19 th century-an “economic development” regime a set of rules that provided narrow cases of action and broad defenses, making it very difficult to obtain compensation for injuries
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20 th century-a “compensation” regime a set of rules that provides broader causes of action and fewer defenses, making it easier to obtain compensation In both periods, courts were central in making policy Why? Spread of insurance : which eliminates risk of bankrupting key businesses Rise in public expectation for compensation both b/c of rise in insurance and liberalization of tort law Technological advances especially in industrial design Increase in social distance : hence greater reliance on courts (a nation of strangers) Collectively, the rise in demands for “total justice” Aside #1: If we live in an age of total justice, how do you explain the rise of tort reform measures designed to limit recourse to the courts? One answer is that many tort reforms
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29 - POSC130gLec10/29 How to get stared on the paper 16:33...

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