POSC 130g Lecture Notes - Lecture 16: Discretionary Jurisdiction, Lewis Katz, Industrial Revolution

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10 Apr 2017
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Looking back/ laying foundation for looking ahead: dcv vs. ccv: tort and environmental hazards material, socio-legal model: a new framework for organizing insights from case studies. Jo carol lafleur and the women"s movement (story of the political construction of the law (and regulatory licenses to operate): getting another case under our belts, further developing the template of questions for your case studies. Courts are passive but there was a flood of lawsuits because no other remedy. In the end, courts defined and redefined the details of the law governing victims of industrialization. Doctrinal innovations were consistent with dominant concerns/ interests. 19th century -> industrial revolution -> protect industry. 20th century -> total justice -> compensation. <<< the story of judicial policy-making within broad constraints (recall spatial model)>>> Vague doctrine like the tort of (cid:498)nuisance(cid:499) invites judicial discretion. Political incentives to pass the buck to. <<< underscores (cid:498)missing variables(cid:499) from schema (cid:523)e. g. nature of problem and internal the courts.

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