L- March 21 - 2 First step Naming or “Lumping it” a...

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March 21, 2011 A-Law and Politics in the News 1- US action in Libya: presidential power a. Instances where congress is not declaring war, but presidents can go forward with military actions b. Presidents do lots of things with a blank check b.i. Ex: War in Iraq b.ii. If there’s no difference, then why doesn’t Congress declare war? b.ii.1. Like when we invaded Afghanistan and Iraq 2- Samuel Alito: “Mysterious justice” (NYTimes) a. “Liberal judges are most likely to uphold liberal laws and strike down conservative ones…Conservative justices are most likely to do the reverse. Among them, Alito was the most likely justice to let a law stand when it was favored by the political right —and the second most likely (behind only Thomas) to kick a liberal0oriented law to the curb” (most liberal judge: William O. Douglass) B-How do grievances turn into major legal questions? 1- “naming, claiming and blaming” (Feistner, Abel and Sarat, 1980) a. Process by which people decide to make a grievance into a legal claim
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Unformatted text preview: 2- First step: Naming or “Lumping it” a. Most people don’t do anything about their grievances, cut their losses and move on a.i. Several are actual legal claims 3- Second step: “Claiming” (non-legal resolution) a. Lawyer is hired 4- Third: Blaiming (legal dispute) 5- Fourth: Trial a. Between people giving up and appellate courts not hearing a case, a lot of cases get lost at this stage b. Let’s say the loser appeals again 6- Appeal 7- Final Appeal 8- **Small fraction of legal problems end up in court 9- Resolution may occur at any point a. Atypical legal questions 10- Ordinary v political litigation a. Ordinary: a.i. Individual, seeking claim a.i.1. Seeks redress for some wrong a.ii. Ex: woman who discovered 20 years later she’d been paid significantly less than her male coworkers a.ii.1. Sued under a federal law that bars discrimination on the basis of sex a.iii. She is seeking an outcome b. Political: b.i. Addresses larger questions of public policy...
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