Silverstein Laws Allure Policymaking adapted from Barnes Mobilization

Silverstein, Law’s Allure

Policy-making (adapted from Barnes) Mobilization Agenda Setting (complaint) Information Gathering (discovery) Rulemaking (decision) Implementation/Enforcement

Juridification because effective Lower costs to access courts Strike down state laws across country May not need to compromise Brown 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 normative Legitimacy of Courts, possibly Constitution Law creates clarity in midst of normative conflict Legal 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 Definitions Disability 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 Do. D hierarchy – Support of policy in courts • Congressional Action: – Deference to Do. D by DADT supporters – Race against time by critics • Ultimate Revision by Congressional Act

Wm. Wayne Justice, Two Faces of Activism Appointed to bench by LBJ Most well-known for decisions 1. Requiring TX to improve prison conditions 2. Improving TX juvenile detention facilities 3. Desegregating TX school systems 4. Desegregating TX public housing 5. Requiring bilingual education 6. Striking tuition requirements for children of aliens in public schools

Wm. Wayne Justice, Two Faces of Activism Two Faces: Jurisprudential Activism Remedial 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 level Framing of issues in novel fashion Community-wide discussion Precedent for future cases Broader framework regarding termination: Value of work lies beyond compensation, but in “collateral opportunities”