11-15 lecture - 11/15 Lecture Revisiting LaFleur Factor...

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11/15 Lecture Revisiting LaFleur Factor DCV CCV Doctrinal -Constitutional law inherently vague -Same facts, same law, different results depending on the judge -Any real counter argument? -Probably not, but the CCV is an “or argument Institutional -WEAL provided courts policy-making opportunities -Supreme Court directly shaped the outcome (provided lawyers with winning arguments) -Court set the political agenda and sparked coalition -Shifting interpretations reflect appointment power -Congress has the last say Cultural -Legalistic culture frames employment issues in terms of individual rights as opposed to social benefits -Court decisions ebbed and flowed with the fortunes of the women’s movement Brown v Board Revisited: Why turn to the federal courts?
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Unformatted text preview: Doctrinal Factors-“Good facts under existing “separate but equal” standard Institutional Factors-No clear legislative strategy given disenfranchisement-Federal courts insulated from electoral pressures Cultural Factors-Cold War imperatives arguably created favorable elite environment Reconstituting the Politics of Desegregation through Litigation and Rights-Based Activism Perceived Costs and Benefits Diffuse and Concentrated Brown-Interest Group Politics Distribution of Benefits Concentrated Costs and Benefits Civil Disobedience (NY Times) Entrepreneurial Politics DID BROWN RESULT IN DESEGREGATION? DID CIVIVL DISOBEDIANCE DIRECTLY PRODUCE POLICY RESULTS Majoritarian Politics Preserving the Rule of the Law...
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  • Spring '12
  • RookCampbell
  • Law, -Any real counter, -WEAL provided courts, -Cold War imperatives

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