Adversarial Legalism and the Supreme Court

These flashcards cover key concepts related to adversarial legalism, the roles of the Supreme Court, and models of decision-making based on the lecture notes.

What is adversarial legalism?

A distinct American approach to governance and dispute resolution characterized by heavy reliance on litigation, legal formalism, fragmented decision-making, high costs, and lawyer dominance.

What are the advantages of adversarial legalism?

It empowers individuals to challenge powerful entities, promotes transparency through judicial review, and encourages policy innovation.

What are the disadvantages of adversarial legalism?

High costs, uncertainty, overburdened courts, and defensive practices such as avoiding action to prevent liability.

What influences the dynamic of adversarial legalism in American politics?

Distrust in centralized authority, political fragmentation, the financial incentive for lawyers, and a rights-based political culture.

What distinguishes US adversarial legalism in criminal justice?

It features high plea bargaining rates, extensive constitutional safeguards, and fragmented enforcement due to decentralized policing.

What are some strengths and weaknesses of adversarial legalism in criminal justice?

Strengths include rights protections and checks on state power; weaknesses are mass incarceration, economic inefficiency, and racial disparities in sentencing.

What are key differences between the US legal system and those of European, Japanese, and British systems?

US relies on adversarial legalism; Europe has legal formalism, Japan favors informal mediation, and Britain has moderate adversarialism with less punitive damages.

What role does public opinion play in Supreme Court decision-making?

It influences justices to avoid drastic rulings that threaten their legitimacy.

What is the attitudinal model in Supreme Court decision-making?

A model asserting that justices vote according to their personal policy preferences rather than strict legal principles or precedents.

What are some critiques of the attitudinal model?

It overstates ideological bias, overlooks strategic behavior, and neglects the role of institutional constraints.

How does the legal model of decision-making explain judicial behavior?

It suggests justices make decisions based on legal principles such as the text of laws, precedent, and legislative intent.

What mechanisms do Supreme Court justices use in decision-making?

They employ internal negotiations, consideration of public opinion, and strategic reasoning to manage their votes and outcomes.

What are examples of significant Supreme Court rulings that shaped American policy?

Brown v. Board of Education sparked the civil rights movement; Gideon v. Wainwright transformed public defense.

What factors influence the certiorari process in the Supreme Court?

Circuit splits, the Solicitor General's involvement, ideological alignment with lower courts, amicus curiae support, legal issue salience, and lower court decision types.