● Analytical map of external constraints○ External constraints ■ separation of powers ● DCV v. CCV ○ political vacuum hypothesis verusus checks and balances ● Spatial model ○ Depends on ideological distance between elected branches● Cases ○ Brown, roe, detroit, katrina■ Federalism ● DCV v. CCV ○ Multiple access points v. multiple veto points ● Brown v. board○ Brown ocal resistance but pro-desegregation “partners”● Roe v. wade○ Roe local resistance and pro-life partners ○ In an era of party polarization, expect a political vacuum ( subject to other constraints) ○ Political activist on the left and right are willing and able to set the court's agenda○ Political vacuum and entrepreneurial lawyers - judicial power but not always coercion A typology of legal system Informal Formal (extent to which decisions made according topre-existing rules)Hierchial (plea bargain in between) →Expert or political(soviet style political courts)(NZ social insurance)→Bureaucratic legalism (german courts)(US workers comp in between)↓Party-influence (extent to which process is dominated by govt official)Negotiation or mediation(settlement, self-help) (arbitration -- trial by contract)→Adversarial legalism (US tort system.B-L vs. A-Lname Bureaucratic legalism Adversarial legalismDecision process Formal Formal Dominant players Judge Parties and lawyersorganization Hierarchical Fragmented gilas Uniformity Particlularzied plusses ● Affordable● Efficient● Predictable ● Flexible● Innovative● Politically responsiveminuses ● Rule oriented● Slow to adapt● Costly/inefficient● Unpredictable Expected role of courts in policy-makingConstrained Dynamic ● Why spend so much time on these concepts?○ Concepts give us the language to describe complex phenomenon (just as a model gives us a tool to grapple with complexity)○ The results theoretically-grounded descriptions give rise to “puzzles”■ Cross-sectional variation■ Longitudinal variatio○ These puzzles frame our exploratory analysis● Why more adversarial legalism in the US○ Lawsuits and other
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