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Navigating Legal Competence for Effective Institutional Governance

Explore the comparative, legislative, administrative, and judicial aspects of institutional competence in statutory policy levers. Uncover challenges like oversight theater, capture issues, and the myth of legislative resources. Gain insights into tailored outcomes, bureaucratic inertia, and the importance of fact gathering in judicial decision-making. Discover strategies for making litigation more efficient and reducing litigation abuse across specialized courts. Join the ongoing conversation on legal competence for effective governance.

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Navigating Legal Competence for Effective Institutional Governance

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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

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