LEGAL 397N Lecture Notes - Lecture 3: Armed Career Criminal Act, Antonin Scalia, Legal Realism
7 Feb 2017
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Why: juridification: make policy change by going to the courts as a referee of sorts. Advocates on the right and the left are asking the courts to referee the country"s biggest social attles and reverse old rulings . They are supposed to appear as distance, neutral, and wise. Supreme court, other judges serious looking, superior (elevate them above anyone else in the room), stand for them upon their entrance, they wear robes: higher degree of respect. Policies are made to help people"s daily lives: ex. ) Brown v. board, planned parenthood v. casey, etc. Legal formalism vs. legal realism: all judges do things from the book/drive from the law in an unbiased way/uncontroversial vs. gray area/what judges actually do instead of what they say they"re doing. Scalia thinks of himself as a formalist vs posner deals with realism. In regards to voter id laws, there was a reduced turnout for.
