Doctrinal constraints an analytic recap Doctrinal constraints Definition Limits on judicial power laws of justiciability Limits on judicial coercion remedy laws Attributes Vagues versus specific Credibility of signals Cheap talk vs strong signals Give the logic of the triad we know judged are likely to say the law matter How do you know doctrine really matters Text analysis of the signal behavioral analysis and judicial can t Institutional constraints definitions Limits on the courts that stem from The way in which courts are internally organized internal controls The way in which courts interact with other political actors external constraints External constraints federal checks and balances National constituency mediated through the electoral college President Federal courts appointed for life with guaranteed salary Appointment power signs legislations executive power Congress Advice and consent senate budgetary legislative power Senate State wide constituency House Local constituency mediated by district As judicial policy making has increased these processes have become more politicized Example of internal constraints Courts are passive Key concepts US courts are internally fragmented Rules of justiciability both a doctrinal and institutional constraint The role of legal resources in setting judicial agendas Weberian bureaucracy versus fragmented authority Galanter and why the haves come out ahead What are repeat players RP s and one shotters OS s RP s litigants who are engaged in many similar litigants over times OS s litigants who have only occasional recourse to the courts Why do RP s come out ahead greater resources greater expertise greater access to specialists strategic use of conflict of interest lswd Develop relations with judges decision makers Play the odds and play for the rules over time litigant Type of litigation Repeat player microsoft Intellectual property yes NAACP School desegregation yes Federal government Tax dispute yes Donald trump Potential challenge to his presidency No resources but an individual suits not a portfolio of similar ones SO WHAT All things being equal uneven distribution of legal resources can serve and a significant limit to power Because if certain groups lace access to layers they can t or are unlikely to file a suit and bring courts into the policy making game The inefficiency of courts The weberian ideal bureaucracy Clear chain of command Clear rules and procedures Specialization The US courts contrasted Fragmented authority and imperfect hierarchical controls Often unclear rules and procedures Courts of general jurisdiction as opposed to specialised courts SO WHAT AGAIN All things being equal internally fragmented courts will not act in a coordinated fashion which can be a significant limitation on Judicial power one court can t speak for another Judicial coercion courts often won t speak in a single voice Cultural constraints def and example Limits on courts that stem from elite public opinion Subway graffiti article and landlord article reluctance resistance constraint and judicial power Brown v board supreme court decision strong local resistance need for congressional and executive intervention