229 sec. 1 - Courts & Social Policy (Fall 2014)
Instructor: Malcolm M. Feeley (view instructor's teaching evaluations | profile)
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Meeting Time: Th 2:10-5:00
Meeting Location: 2240 Piedmont
Course Start: August 28, 2014
Class Number (formerly Course Control Number) (Non-1Ls): 49598
The seminar explores legal and political science scholarship that examines both the theory and practice of courts. It explores the politicalization of the judiciary, and the judicialization of politics, that is how courts are used as resources by ruling regimes (including establishing independent courts,) and how the principle of constitutionalism (e.g. written constitutions providing for bills of rights and judicial review) judicializes politics by requiring courts to make important political rulings. The seminar explores the rise of the judiciary in policy making since the middle of the twentieth century, and explores recent efforts to reformulate the nature of courts and their alternatives that have accompanied the decline of the jury trial, the rise of expansive judicial remedies, and the rise of new theories of the judiciary (e.g. restorative justice; problem-solving courts) that seem to transform courts into administrative agency-like institutions. While the focus will be on courts in the US courts, a considerable portion of the readings will explore non-American courts.
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