1 / 7

Institutional Competence or, Waiter, we’re ready for our Reality Check

Institutional Competence or, Waiter, we’re ready for our Reality Check. Dan L. Burk University of Minnesota. Statutory Policy Levers. Comparative Competence All Advantages are Comparative Baselines are Important General Statutes Industrial Differences Tailored Outcomes Judicial Execution

sally
Download Presentation

Institutional Competence or, Waiter, we’re ready for our Reality Check

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Institutional Competenceor,Waiter, we’re ready for our Reality Check Dan L. Burk University of Minnesota

  2. Statutory Policy Levers • Comparative Competence • All Advantages are Comparative • Baselines are Important • General Statutes • Industrial Differences • Tailored Outcomes • Judicial Execution • Routine Function

  3. Legislative (In)Competence • Myth of Legislative Resources • Oversight Theater • Attention Deficit Disorder (LADD) • Patents are Boring • Capture • Money Talks • Specialized Statutes • Desuetude

  4. Administrative (Semi)Competence • Upside • Somewhat Faster Response • Expertise • Downside • Severe Capture Problems • Bureaucratic Inertia • Minimal Discipline Mechanism

  5. Judicial (Semi)Competence • Fact Gathering • Speed • Sorting Mechanism • Adversary System • Court Appointed Experts • Trial or Appellate • Science Court Proposals • Holmes Group decision

  6. Ongoing Conversations • Specialized Courts • Uniformity Costs • Making Litigation Cheaper • Litigation Abuse • Medical Malpractice “trolls” • Product Liability “trolls” • Civil Rights “trolls” (?) • Insularity

  7. Thank You Questions Welcome

More Related