12-4 Lecture - 12/4 Lecture Agenda for Final...

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12/4 Lecture Agenda for Final Lecture -Promise and Limits of the Law -The DCV v CCV Debate -External and Internal Constraints -Fragmented Power and Judicial Dynamism -American Adversarial Legalism -Some Thoughts on the US Supreme Court -Does AL deliver on the promise of the courts? -Is AL/judicial review “democratic”? -The Ongoing Challenge… -Final Exam Overview -A Few Parting Shots… Goal will be to make connections between parts of the class Promises and Limits Promise of the Courts: -Dispute Resolution (deciding cases under the rule of law) -Correcting Political Failures (making policy in areas other branches are unwilling or unable to address) -Correcting Market Failures (addressing market limitations, eg, common pool problems, externalities) Limits on the Courts -Doctrinal (stemming form the law itself) -Institutional (stemming internal organizations of the courts and the courts’ relationship with other branches) -Cultural (stemming form public and elite opinion) Putting the Pieces Together: The CCV v DCV
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