law and justice class 1. administrative give quiz case presentation – will tell you topics next...
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Law and Justice
Class 1
Administrative
Give quiz
Case Presentation – will tell you topics next week
Review
Any questions about the reading Constitution Exercise
Which changes might be supported by social science evidence? What sorts of evidence?
Which changes are not supported by evidence?
Does it ever make sense to make changes not supported by evidence?
Today
I. How do we define “justice” in law and legal procedures?
II. Procedural justiceIII. Substantive justiceIV. Relationship between procedural
justice and substantive justice
I. How do we define “justice” in law and legal procedures?
What are the alternative meanings of the term?
Is justice the same as equity?
Is justice an appropriate goal for the legal system?
I. How do we define “justice” in law and legal procedures?
Is justice an attainable goal?
How shall we know when it has been achieved?
II. Procedural Justice
What is it?
Provide an example?
How does the U.S. legal system try to provide procedural justice?
III. Substantive Justice
What is it?
Provide an example?
How does the U.S. legal system try to provide substantive justice?
IV. Relationship Between Procedural Justice and Substantive Justice
Does one always imply the other? Provide an example of procedural
justice with substantive injustice Provide an example of substantive
justice with procedural injustice What do these examples tell us?
Next Time
We’ll discuss the article on Legal Reform
Law and Justice
Class 2
Administrative
Remember class notes available on home page
Return quiz at the end of class
Review How do we define “justice” in law and
legal proceedings?
Today
I. Terminology
II. Hay, Schleifer and Vishny
III. Exercise
I. Terminology Bright Line Rule
Usually contrasted with Balancing test
Arguments favoring each Bright line rules easier to enforce and
produce consistent and predictable results
Balancing tests take better account of complexities of human interactions
II. Hay, Shleifer and Vishny What is their principal question?
Do they think it is more important to have honest independent courts or good laws? Why? Which is easier to get first?
What kinds of rules do they recommend?
III. The Exercise
We have developed a new business mechanism in which anyone with internet access and an e-mail account can buy or sell items. We’ve decided to call it e-bay.
People seem reluctant to use it Why are they reluctant? How is this different from other
shopping, in a store, or a catalog?
III. The Exercise
Form Groups Develop systems to overcome
obstacles to people using our new e-bay system
What are the rules? How will they be enforced?
Next Time
Continue our discussion of law and justice
Law and Justice
Class 3
Administrative
Any questions about where we are or what we are doing?
Discussion of quizzes
Review
Bright Line Rules Balancing Tests How do we get people to use legal
mechanisms to resolve disputes and to enforce contracts
The e-bay exercise – inducing people to use a new market mechanism
Today
I. Individual justice and social justice
II. Justice and Public Goods
III. Union Shop
IV. Other examples of public good issues
I. Individual Justice and Social Justice
What is the difference between them?
Are they always in conflict?
Example when they are in conflict?
Example when they are not in conflict?
I. Individual Justice and Social Justice
Majority rule versus individual rights
Zoning
II. Justice and Public Goods
What are public goods?
Examples?
How do we pay for public goods? Why?
III. Union Shop
What is a union shop? What is the rationale in favor of the
union shop? What is the argument against the
union shop? The public good argument for the
union shop?
IV. Other Examples of Public Good Issues
Minimum driving age?
Drunk driving laws?
Mandatory immunization?
Gun Control?
Next Time
The study of law