Law is given by the sovereign.

Why obey? Fear of punishment.

God's Will (highest form) unknowable

Law is MORALITY

Law exists even if not in statute.

Culture and law are not related.

Culture is always lags behind law.

Restitutive Law: relationship based on differences.

Knowing what is acceptable changes over time.

Bureaucracry: social relationships defined by RATIONALITY.

Law is custom.

Bureaucracy as "IT"

"IT" keeps growing and actively oppresses us and asserts control.

Black

(Positivism)

No Government = No Law

1. Stratification

2. Differentiation (Morphology)

3. Culture

4. Organization

5. Other forms of social control

Holmes

(Legal Realism)

`Judges as activists (Judicial activism)

All judicial decisions based on judges beliefs (Roe v. Wade)

Marx

Capitalism

-Means of production are owned by individuals

-The way to produce things is through captalism.

Marx:

Bourgeoisie

Marx:

Proletariat

-Vagrancy laws: illegal to be caught in public without job.

-Law is weapon, used to oppress.

Wallerstein

United Nations:

P-5: U.S., U.K., France, Russia, Chine

If 1 of 5 of P-5 veto, it doesn not become a law

Become declared nation by detonating nuclear device underground.

Corporate Law:

Habeus Corpus

No body/individual to punish

(Example: Ford/Pinto Case)

Corporate Law:

DeBeers

Conley/O'Barr:

Language?

• Hesitators: most important markers of powerless speech
• Inflection: tone of voice
• Tagquestions: indicates you are not sure what you are saying
• Intensifiers "LY" words
• Hyperadjectives: exagerating speech
• Qualifiers: word or phrase that undermines a statement
• Hedges: feel/believe, tihnk
• Vocabulary is limited, profanity, grammar, accents

Conley/O'Barr: Power in the Courtroom

Relational:

Conley/O'Barr: Language/Power in the courtroom

Rule-oriented:

Galanter: Haves vs. Have Nots

• Have Nots: "one shotters"

• Haves: "repeat players" comfortable and at ease, familiar w/ court process

• Access to $
• Experience (repeat vs. one shotter
• Expertise & specialists
• Economics of sale
• Informal relationships w/ legal staff
• Credibility bonus

Loftus:

Eyewitness Testimony

• Eyewitness testimony is inaccurate, very unreliable
• People think it is accurate.

Loftus:

False Memory Syndrome

Loftus-

Social context of memory (first 3 are similar tactics used by cult & military boot camps)

• Physical & social isolation
• New social ties
• Induce mental or physical exhaustion
• Use of drugs

Sherif

Jury selection.

Randomly by voter registration, drivers license

 -- people who will not be on jury will be those w/o license, do not care, new to area, lower class unlikely to be on jury

• challenges for cause: (certain people cannot serve on jury, non US citizens, felony convicts)
•  peremptory challenges: (the ability to dismiss any person from the jury pool)
• peremptory challenges = stereotypes

Asch:

Asch

Status Characteristic Theory:

• Theory about status bsed on characteristics (race, age, gender)
• brought from outside of courtroom into jurices
• dominance includes: young, white, male

Asch

Willful Deterrence:

Asch

Task Competence:

Law Schools:

Kidder

• No correlation between LSAT score and how well you do in law school

Kidder

Matching Technique:

• used to look at each race at specific schools; they should be the same, however they are not. (ex: whites at harvard score higher than blacks at harvard)

Law Schools

Steel & Aarson:

• Differences in racial groups; taking LSAT is a different experience for different races

• add 10 points to score if you are a minority

Steel & Aarson

Critiques of LSAT:

Law Schools

Investment vs. Expense :

• Public (16k) Private (34k) /year + living expenses, lots of loans

LSAT= get into law school

Bar Exam = to practice law after school

• Top: corporate law; personal law (criminal and lawyers who represent individuals)
•  Bottom: government (DA, public defender) and pro-bono