Silverstein, Law’s Allure

Policy-making (adapted from Barnes)Mobilization

Information Gathering (discovery)

Rulemaking (decision)

Implementation/Enforcement

Juridification because effective

Lower costs to access courtsStrike down state laws

across countryMay not need to

compromiseBrown as example?

Juridification because mobilizing

Distills larger controversy into easily recognized case(s)

Language of law creates larger sense of rights

Creates larger movement through fundraising and publicity

Brown as example?

Juridification because normativeLegitimacy of Courts, possibly

ConstitutionLaw creates clarity in midst of

normative conflictLegal language of use in

mobilization: Bakke and language of diversity

Brown as example?

Juridification because blame avoidance

Courts as unelected have greater freedom

Legislators delegate tough decisions to others (“legislative deferrals”)

Example: Americans with Disabilities Act of 1991

ADA DefinitionsDisability is: “a physical or mental

impairment that substantially limits one or more major life activities of such individual”

Employers are required to provide disabled with “reasonable accommodation”

Don’t Ask, Don’t Tell (2009-2010)• Recent Federal District Court Action: –Reinstatement of one officer in WA– Injunction against policy (nationally) in CA

• Presidential Action: –Study and partial support of DoD hierarchy–Support of policy in courts

• Congressional Action:–Deference to DoD by DADT supporters–Race against time by critics

• Ultimate Revision by Congressional Act

Wm. Wayne Justice, Two Faces of Activism

Appointed to bench by LBJMost well-known for decisions

1. Requiring TX to improve prison conditions 2. Improving TX juvenile detention facilities3. Desegregating TX school systems4. Desegregating TX public housing5. Requiring bilingual education6. Striking tuition requirements for children

of aliens in public schools

Wm. Wayne Justice, Two Faces of Activism

Two Faces:

Jurisprudential ActivismRemedial Activism

What is difference between two and should it make a difference?

Lynn Mather, “The Fired Football Coach”

What is importance of Yukica v. Leland?Not all policy-making at appellate levelFraming of issues in novel fashionCommunity-wide discussionPrecedent for future cases

Broader framework regarding termination: Value of work lies beyond compensation, but in “collateral opportunities”