Notes on Galanter
Notes on Galanter SOC 2167
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Mariana de la Maza
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This 4 page Class Notes was uploaded by Mariana de la Maza on Tuesday March 17, 2015. The Class Notes belongs to SOC 2167 at George Washington University taught by Fran Buntman in Winter2015. Since its upload, it has received 59 views. For similar materials see Sociology of Law in Sociology at George Washington University.
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Date Created: 03/17/15
March 3 2015 Sociology of Law Galanter 0 Persistent vs One Time players I Galanter 1974 RP vs OS 0 RP persistent involvement courts 0 OS Occasional involvement 0 Wants to know if the courts actually play a role of equalizing I Can the courts help us make a more equal society 0 Redistributive I What is happening at the time that would lead to this question context 0 Can the law be used for redistributive purposes 0 Civil rights movement 0 Brown v Board of Education achieving social change to make a more equal society I Racial quality but it involves a redistributive element 0 Roe v Wayde I Fundamental status challenge through the courts 0 Issues of economics I War on poverty 0 There is a heightened attention to the need to focus on economic equality in the US I When Martin Luther King is assassinated he was giving a speech to striking garbage collectors 0 They had up signs that said I am a man I It reminds us of the connection of other kinds of rights I Tells us about the limits of the law there is a constant tensiondynamic between using the law to achieve social change and using civil society to make the law work 0 Constant struggle 0 There is a strong concern across the political spectrum with the idea of improving economic equality in the US I Can courts be used to achieve that redistribution 0 That is how he comes with the idea of RP and OS because clogged on the top of the Supreme court it says everyone is equal under law but in practice you need to realize that there are different types of people in terms of their access to the courts and their typology O Broadly speaking he says if you want to understand it you need to understand how and why the haves come out ahead of the havenots I His answer in brief is have has knowledge and resources to be able to utilize repeat access to the courts not just to develop expertise through the constant practice 0 Repeat players improve their odds of getting ahead because March 3 2015 Sociology of Law 0 0 RP have the advantage that they can try and establish rules in their favor and one of the ways to do that is that they are selective in terms of which legal action they get engaged in Civil Law Courts and Justice Connections between Galanter and civil action I Lawyers have more of an obligation to the system and their clients Plea negotiations are not the sweet deal but this isn t always true I Prosecutors and defense lawyers need each other to keep the system working In movie families are one shotters Travolta is a repeat player Galanter draws a continuum In terms of the way Galanter draws squares I Repeat player vs a repeat player representing one shotters RP vs RP 0 Biggest are more towards the extreme degrees 0 Lawyers by definition are repeat players Instances where repeat players use the system to their advantage I Minimax 0 Minimize the maximum damage I Settlement How to use what Galanter offers as a toolkit How does Galanter help you develop a toolkit Rules Parties I How do you structure the parties to be at a greater advantage You turn your one shotters into an alliance an alliance of repeat players with deep pockets and extensive strategies in terms of experience Brown v Board of Education I Sweat v Painter and Gaines NAACP On one level the Brown represents outsiders 0 Disadvantage of not having money on your side Treat it as a legal strategy and a political strategy but you bring on board others that will support you I Develop a grassroots strategy an elite strategy You want to change the institutional and rule environment Take the long view I You build up to overturning a precedent that has been present for years Framing Myths March 3 2015 Sociology of Law 0 There are some profound myths about civil law in the US 0 In theory law is accessible to all of us to right wrongs 0 Myths about civil law include I The is an extreme litigious society I The courts are clogged with frivolous lawsuits I Liebeck V McDonald s Restaurants I Courts are good to delivering justice and correcting worngs I True now and then but mostly the exception proves the rule that courts are relatively limited in their ability to right wrongs I Core rules of civil litigations 0 1 Legal standards I Statutory or common law or regulations 0 2 Jurisdiction I Mostly state or federal 0 3 Check her p0werp0int I Process of civil litigation 0 Two parties plaintiff bringing the suit and defendant I Pleadings I This is what someone has done to me factual and legal bases jurisdiction and remedyreliefdamages sought I Discovery I Information gathering by both sides I Depositions oral interrogatories written and documents evidence 0 Overdiscovery abuses can happen I People can ask for more than they are entitled to and you would have a motion where the defendant s lawyer will say he is asking for something that is more than reasonable I Common in divorce I Motions legal rulings I Pretrial conference often leading to settlement I Settlement in formal language is a resolution of dispute brought to court by mutual agreement of parties I Can occur any time after civil suit is filed I Judges can be more or less involved I Most civil cases result in settlement sooner or later I Litigation can be a tool or bargaining tip in dispute including to encourage to settle O Other key terms I Standard of proof March 3 2015 Sociology of Law 0 Preponderance of evidence 0 If it does go to trial it is a lower standard of proof than beyond a reasonable doubt 0 Litigable grievance necessary for a case to proceed toward trial 0 Need to have a basis in the law to bring a case to court
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