C7+Lecture+04-13-10

C7+Lecture+04-13-10 - A quote from Anatole France (1894)...

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A quote from Anatole France (1894) “The law in its majestic equality forbids both the rich and the poor from sleeping under the bridges of Paris.”
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formal equality versus de facto equality
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GALANTER: “WHY THE HAVES COME OUT AHEAD” • System that is equal for all in the abstract produces inequality in practice • Law-in-the-books versus law-in-action
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From the perspective of the “law-on-the-books” the legal system is about: Rules: guidelines for how cases are to proceed through the courts; Courts: institutional settings where rules are applied to resolve disputes; Lawyers: specialized experts with formal authority to represent a client in a court of law; Parties: a body of persons with disputes who might, or might not, call on courts to solve problems.
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RP ADVANTAGES • Advance intelligence • In-house attorneys • Play for long term • Shape the rules for future • Know which rules important for long term • Screen which cases to proceed with
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IN CONTRAST, OSs
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C7+Lecture+04-13-10 - A quote from Anatole France (1894)...

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