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 to pre 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 name Bureaucratic legalism Adversarial legalism Decision process Formal Formal Dominant players Judge Parties and lawyers organization Hierarchical Fragmented gilas Uniformity Particlularzied B L vs A L plusses Affordable Efficient Predictable Flexible Innovative Politically responsive minuses Rule oriented Slow to adapt Costly inefficient Unpredictable Expected role of courts in policy making Constrained 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 things
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