Midterm

Question 1

Define economic liberalism

Answer 1

Economic liberalism is the ideological belief in organizing the economy on individualist and voluntarist lines, meaning that the greatest possible number of economic decisions are made by individuals and not by collective institutions or organizations (free markets will produce the best outcome)

Question 2

Define partisan polarization

Answer 2

the divergence of political attitudes to ideological extremes

Question 3

Define policy gridlock

Answer 3

During the 1992 presidential campaign Bill Clinton proposed a “timber summit” to break the forest policy gridlock, or as he put it, to free up the “log jam.” Conflict between loggers of old-growth forest and preservationists
- when governing bodies are so polarized they can’t agree on anything and nothing gets passed

Question 4

Define regulatory rollback*

Answer 4

*In government and economic contexts, Rollback metaphorically denotes action to repeal, dismantle, or otherwise diminish the effect of a law or regulation.

Question 5

What are the five new policy pathways to surmount congressional law-making gridlock and how successful do they seem to be currently?

Answer 5

Appropriations politics
Executive Branch policymaking
Increasing use of the courts
Collaboration based politics
An increase in state-focused policymaking
**How successful do they seem to be currently
A lot of gridlock
Executive rulemaking is important

Question 6

From 2001 until 2014, one could conclude that the major Supreme Court decisions enabled the expansion of federal regulations to protect the environment, but reversed direction since 2020. (a) what case decisions and evidence support this assertion? (b) what probably caused this shift?**

Question 7

Name and briefly describe 5 broad classes of American values and tenets that affect U.S. natural resource policy decisions.

Answer 7

Liberty or freedom, ownership and tenure, equality, market failures, and professional norms.

Question 8

Describe 5 to 6 important steps in critical thinking.

Describe 5 or 6 simple rules about writing good papers.

Historically, Native American and African American accomplishments, losses, equity, and prospects have been contentious. Based on your brief critical thoughts about the issue, discuss how these issues currently apply in one type of land ownership, of either (1) private land ownership, or (2) public land management in natural resources?
**

Question 9

Describe 5 to 6 important steps in critical thinking.

Answer 9

1. identifying issue of concern
2. identify key assumptions
3. identify key values at play
4. gather facts and empirical evidence
5. select desirable policy improvements based on values and evidence
6. assess how to seek agreement among different groups involved

Question 10

Describe 5 or 6 simple rules about writing good papers.

Answer 10

1. cover more than one side
2. Be fair - Balance of benefits and cost
3. Raise vital questions and problems
4. come to a conclusion by testing them against relevant criteria and standards
5. think open-mindedly about alternative forms of thought
6. be thorough and deep

Question 11

Define polity

Answer 11

Decision-making forum, who and where policy decisions are made

Question 12

Define politics

Answer 12

Decision-making process: values, and morals that determine policy

Question 13

Define Policy*

Answer 13

Natural resource decisions, course of actions that are implemented

Question 14

Define policy statement

Answer 14

written expressions of the intended policy and course of action that an organization intends to pursue

Question 15

Define policy output

Answer 15

the direct result of the legislation or policy. the immediate result following policy implementation.

Question 16

Define policy outcome

Answer 16

the indirect or unintended results of a legislation. the result of the policy complex. Ex ESA biodiversity consideration

Question 17

define incrementalism

Answer 17

policy change is accomplished through small, incremental steps that allow decision-makers to adjust policies in response to prior success or failure. This approach is usually termed “muddling through”, as it was coined by Lindblom

Question 18

Define rational comprehensive governance

Answer 18

Decision-making assumes that decision-makers have almost all the information about a problem, its causes, and alternative solutions. Then they weigh these factors and select the best alternative based on readily available criteria such as economic efficiency or anticipated program effectiveness.

Question 19

Define the Monongahela decision

Answer 19

placed clearcutting and National Forest management on the agenda of
Congress. wanted Congress to rein in the agency and force it to practice
multiple use management

Question 20

What is the definition of policy and what are the main elements in that definition?

Answer 20

Policy is defined as a relatively stable, purposive course of action or inaction followed by an actor or set of actors in dealing with a problem of matter of concern.

Main Elements:
1. A policy must be purposive, it must provide direction
2. Policy requires patterns of decisions made and implemented over time, not merely discrete, individual decisions
3. Policy reflects social choices made through institutions (government or privately)

Question 21

What is sustainable development and what are its three key elements?

Answer 21

Sustainable development is the development that meets the needs of the present without compromising the ability of the future generations to meet their own needs.

Key elements:
1. Economic: using resource development to improve personal income, quality of life, health and welfare
2. Environmental: producing ecosystem services in ways that do not adversely affect the environment we live in or the ecosystem from which we derive goods and services
3. Social Dimensions:
-Ensuring appropriate processes are used to allocate natural resources for producing various goods and services
-the benefits received and costs borne by segments of society are distributed fairly
-future generations will have opportunities to use natural resources as we do today

Question 22

What is the difference between government and governance?

Answer 22

Government is made up of the official rule makers and implementers of policy, but Governance incorporates NGO’s (non government orgs.), communities, interest groups, etc to define, discuss, implement, and assess policies.

Question 23

define agenda

Answer 23

Problems that are acknowledged by policy makers and receive serious attention

Question 24

define agenda setting

Answer 24

a process to determine if a problem is considered serious enough to be placed on a public policy agenda, or if it is viewed as ephemeral or inconsequential

Question 25

define problem

Answer 25

A question raised for inquiry, consideration, or solution. An intricate or unsettled question.

Question 26

define symbols

Answer 26

helps more people become aware of an issue and enhance the potential for an issue being placed on a specific policy agenda. used for effect or impact; reality and accuracy are often secondary concerns

Question 27

Define substantive policy

Answer 27

requiring specific actions and practices

Question 28

Define procedural policy

Answer 28

require a formal process before federal agencies could promulgate major rules or take significant action (Think APA)

Question 29

Draw and describe the agenda setting model and per the model, (b) discuss how different groups may have different access based on their power and influence.

Answer 29

Powerful groups or well established groups can typically place their issues on the agenda with ease, often behind closed doors. They have the access to policy makers ex. American Farm Bureau They can quickly contact key policy makers avoid alerting others who might have an adverse reaction. An approach of “decide, announce, and defend” well-known groups can function as gatekeepers

Uninfluential or weak groups are denied access unless they can gain sufficient power through coalition building to place their issues on the policy agenda.

Question 30

What are some factors that enhance or limit issue expansion?

Answer 30

A limit is that smaller groups must get a lot of people’s support, and sometimes it’s hard to get people to support something if they are not directly affected. Issue expansion can make an important issue more well-known to people. It also prevents some of the less-important issues from wasting time or resources that could have been spent on bigger issues.

Question 31

What is a public policy issue and how do they arise?

Answer 31

problems that are recognized, addressed and debated by the public, caused by a dissatisfaction of current distribution of resources and power

initiated by new policy that is introduced, changing opinions and values, external event

4 mechanisms
1. groups that see an unfavorable bias in the distribution of resources (overharvesting of timber)
2. groups that initiate/exploit issues to create gain
3. unanticipated events (BP oil spill, nuclear accidents)
4. groups that don’t want to gain immediate benefits (gain satisfaction by gaining public interest/common good)

Types
1. Distribution: short run, goes under public eye, legislation distributes funds
2. Regulatory: specific and individual, big issues (asbestos, water/air pollution)
3. Redistribution: redistributing money from one group to another group (income taxes)

Question 32

Policy issue cycle: (a) Draw the circular policy process model, and (b) describe how that policy model applies to either (i) the hog farm waste issue, or (ii) the Wade Avenue highway extension case. **

Question 33

define equity

Answer 33

Cases in equity seek to have an action enjoined or prevented (i.e., the court issues
an injunction that prohibits the action in question), —the distribution of benefits and costs— (who gains, who pays)

Question 34

Define social criteria

Answer 34

freedom, equity, democracy, decision processes, and others also are used to ensure acceptable and sustainable outcomes.

Question 35

define precautionary principle

Answer 35

a way to make decisions rather than to evaluate whether different decision will reach an objective, but is a key modern ecological principle associated with option values. states that if we do not have adequate knowledge, or if the consequences of a decision could be excessively harmful, we should not choose that action

Question 36

define due process

Answer 36

is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it.

Question 37

define boundary conditions

Answer 37

Boundary conditions provide an extreme version of the option value criterion by focusing on whether a policy might alter the planet beyond conditions that will sustain human life. Boundary problem ex. climate, oceans, ozone.

Question 38

Define triple bottom line

Answer 38

Traditional sustainable development is portrayed as having economic,
environmental, and social components, referred to as either the three pillars of sustainability or the triple bottom line

Question 39

define MDGs

Answer 39

Millennium Development Goals (MDGs), which have become the international focus for achieving sustainable development:
(1) eradicating extreme poverty and hunger, (2) achieving universal primary education,
(3) promoting gender equality and empowering women,
(4) reducing child mortality,
(5) improving maternal health,
(6) combating HIV/AIDS and other diseases, (7) ensuring environmental sustainability, and
(8) developing a global partnership for
development.

Question 40

define SDGs

Answer 40

The MDGs are now being renewed in 2015, and will be termed Sustainable Development Goals.

Question 41

define Gini Coefficient*

Answer 41

A statistical measure of the degree of variation or inequality represented in a set of values, used especially in analyzing income inequality.

Question 42

define human development index

Answer 42

The Human Development Index (HDI) is a summary measure of average achievement in key dimensions of human development: a long and healthy life, being knowledgeable and having a decent standard of living.

Question 43

define bottom-up implementation

Answer 43

recognize (1) that policy goals are often ambiguous; and (2) that the goals may conflict with other polices and the norms of low-level bureaucrats; and (3) that there is not a single defined policy, but rather (4) a set of laws, rules, practices, norms that shape the way government and interest groups address problems

Question 44

define top-down implementation

Answer 44

Top-down approaches to policy analysis and implementation assume that (1) there are clearly defined goals against which performance can be measured; (2) there are clear policy tools to achieve the goals; (3) the policy is based on a single statute or statement; (4) there is a policy implementation chain that traces how it should be implemented; and (5) policy designers have good knowledge of the
capacity and commitment of the implementers.

Question 45

define GAO

Answer 45

The Government Accountability Office (GAO) conducts policy evaluation at the federal level. does program evaluation

Question 46

Define CRS

Answer 46

When members of Congress want information on a policy issue, they turn to the Congressional Research Service. The Congressional Research Service (CRS) works exclusively for the U.S. Congress, providing policy and legal analysis to committees and members of both the House and Senate, regardless of party affiliation

Question 47

define monitoring and evaluation**

Question 48

define efficiency

Answer 48

minimizes the waste of natural or other resources; allows more persons to benefit
from a given amount of natural resources; and can ultimately improve the quality of life of more people who can have more goods and services at less cost

Question 49

The Human Development Index and the Gini Coefficient are measures of a country’s quality of life and equality of income, respectively. (a) How does the United States rank in these measures, and (b) what are the implications for government policies? **

Question 50

To decide among {various policy alternatives – I will fill in the blank, e.g., pick either (i) to encourage tree planting on private lands for carbon storage, or (ii) to protect endangered species on private lands, or (iii) to be announced}, (a) what specific criterion or criteria could be used, (b) which would be best, and (c) why?

Answer 50

Ecological criteria, Economic criteria, or social criteria. THEN EXPLAIN WHY

Question 51

Markets and economic efficiency are often touted as being the superior means to allocate any capital or resources. (a) Discuss why markets are particularly important in natural resources, and (b) What disadvantages they may have.

Answer 51

Pros: minimizes waste of natural resources, allows more persons to benefit from a given amount of a resource, can ultimately improve the quality of life of more
Cons: It is difficult to identify all of the costs and benefits associated with a project. It is difficult to quantify some aspects. It is difficult to measure them in comparable units

Question 52

Discuss the differences and merits of top down and bottom up implementation

Answer 52

Top down: more policies are enacted this way, assumption are slightly flawed, overstates need for a clear purpose, intensely political policy
Bottom up: relies more on logical assumption, don’t need as clear of a purpose, better for wetland delineation

Question 53

Describe the policy implementation process.

Answer 53

(Statute or policy)->(Agency or organization rules and regulations)->(agency or organization enforcement actions)->(outputs)->(outcomes, intended & unintended)

Official influences: Congress and committees, the judiciary, agency personnel, budgets
Unofficial influences: interest groups, media, citizens, and policy constituents

Question 54

define utilitarian

Answer 54

use a resource to serve the people. ex. Pinchot and the hetch hetchy dam

Question 55

define anthropocentric

Answer 55

Regarding humankind as the central or most important element of existence, especially as opposed to God or animals.

Question 56

define environmentalism

Answer 56

1950-1980 emphasizes the interrelationship
between humans and the natural world, especially the threats that human activity poses to the continued viability of ecosystems

Question 57

define greenwash

Answer 57

false/misinformation to present the image of a group as being environmentally responsible

Question 58

Define rule of reciprocity

Answer 58

natural resource professionals should try to treat each other, their human clients, the flora and fauna that they manage, and the environment fairly)

Question 59

define whistleblower

Answer 59

individual who reports policy violations (may face retribution from colleagues)

Question 60

define CSR

Answer 60

corporate social responsibility (CSR) program describing their sustainability principles and practices

Question 61

define biocentric

Answer 61

encompasses all environmental ethics that “extend the status of moral object from human beings to all living things in nature

Question 62

Common pool goods and collective goods are seldom allocated, provided, or protected well by free markets. (a) Describe what each of those goods are; (b) what public policies can be used to allocate and manage these resources, and (c) assess their effectiveness at doing so.

Answer 62

Common pool goods: a type of good consisting of a natural or human-made resource system, whose size or characteristics makes it costly, but not impossible, to exclude potential beneficiaries from obtaining benefits from its use. (think forests and fishing grounds)

Collective goods: Goods that benefit every individual belonging to some group, and where it is hard to exclude any individual from that benefit. (Think air, highways, tv broadcast)

Forestry, fishing and grazing can be managed using local social benefits under community governance: public control or allocations is advocated to ensure proper assignment of costs and social levels of use

Question 63

Policy Selection: (a) In terms of policy instruments, what are carrots, sticks, and sermons? (b) In your opinion, which is more effective for encouraging natural resource conservation on private lands, and (c) why.

Answer 63

Sticks: policies that are mandatory such as regulation
Carrots: policies that offer incentives, mostly economic, to encourage a particular behavior
Sermons: policies that are informational, such as education
Sermons and education may be effective ways to implement a policy when landowners’ personal values align with the underlying intent of a public policy but they are unaware of the science or reasons to pursue a particular practice.
ADD OPINION

Question 64

Policy Selection: (a) In terms of policy instruments, what are carrots, sticks, and sermons? (b) In your opinion, which is more effective for encouraging natural resource protection or preservation on private lands, and (c) why.

Answer 64

Sticks: policies that are mandatory such as regulation
Carrots: policies that offer incentives, mostly economic, to encourage a particular behavior
Sermons: policies that are informational, such as education

ADD OPINION

Question 65

Policy Types: (a) Diagram and (b) describe the policy structure model that classes policies according to voluntary and mandatory approaches, as well practices and process tools. (c) Provide one example policy for each of the relevant categories in that scheme.

Answer 65

Mandatory and Voluntary Policy directives are two levels of obligation that provide three different approaches. These approaches include Prescriptive/Technical, Performance/Outcome-Based and Process/ Systems-Based for each level. Prescriptive typically mandatory and process and outcome more typically voluntary.

Process policies identify a particular process or series of steps to be followed in pursuit of a management goal. Performance Based specifies the management outcome or level of performance that must be met but does not prescribe the measures for attainment. Such standards must be quantitative or qualitative.

Diagram:
(policy directive)->(Discretionary/voluntary) or (nondiscretionary/mandatory)

Approach for each: prescriptive/technical, process/system-bassed, or performance/outcome-based

Question 66

define incentives

Answer 66

Cash payments or reduced taxes can be an effective governmental tool to achieve policy objectives. a payment or concession to stimulate greater output or investment. Looking to spur action

Question 67

define subsidies

Answer 67

a form of financial aid or support extended to an economic sector (or institution, business, or individual) generally with the aim of promoting economic and social policy.

Question 68

define exhortation

Answer 68

an address or communication emphatically urging someone to do something.

Question 69

define BMPs

Answer 69

best management practices - practices done to have the least impact on the surrounding environment.

Question 70

define BACTs

Answer 70

best available control technology. very stringent.

Question 71

define public choice

Answer 71

Public choice theorists argue that government bureaucrats are self serving, and do not always act in the public interest.

Question 72

define liberty

Answer 72

allow people to achieve their individual desires, maximize their number of choices, foster capitalism and entrepreneurship, and limit government involvement

Question 73

Define bundle of land rights

Answer 73

Traditional Roman law considered the rights to land as a “bundle of sticks” that gave owners various levels of rights to use, acquire, lease, or dispose of property. Now we have two “bundles” that are reserved to the states and to the owners when talking about property.

Question 74

define federalism

Answer 74

A system of government in which power is divided between a central authority and constituent political units. Division of powers

Question 75

define checks and balances

Answer 75

Counterbalancing influences by which an organization or system is regulated, typically those ensuring that political power is not concentrated in the hands of individuals or groups.

Question 76

define constitutional taking

Answer 76

refers to government’s acquisition of private property by ousting owners or by destroying the property or impairing its utility.

Question 77

define advise and consent

Answer 77

Describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.

Question 78

define prohibition

Answer 78

absolute restrictions of possession or use

Question 79

define electoral college

Answer 79

The Electoral College process consists of the selection of the electors, the meeting of the electors where they vote for President and Vice President, and the counting of the electoral votes by Congress

Question 80

define commerce clause

Answer 80

“to regulate commerce with foreign
nations and among the several states, and with Indian tribes…” This “commerce clause” has been the basis for a host of federal laws affecting interstate commerce, ranging from trucking to minimum wage laws to natural resources such as rivers, water, and air.

Question 81

define reserved powers

Answer 81

10th amendment, “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the
people.”

Question 82

define necessary and proper

Answer 82

Clause is as follows: The Congress shall have Power … To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Question 83

define taking clause**

Question 84

(a) What is the Fifth Amendment to the Constitution? and (b) what part of that Amendment is particularly important for natural resource management? (c) Why?

Answer 84

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Natural Resources plays a role here when it states how no private land shall be taken for public use. The amendment looks at regulatory taking claims, their distinction from physical takings of private property, and some of the rules that apply in evaluating whether a regulatory taking has occurred. Regulatory taking issues can arise in environmental and natural resources regulation, using the Clean Water Act’s Section 404 program and the Endangered Species Act’s Section 9 prohibitions are regulatory examples.

Question 85

define bureaucracy

Answer 85

literally the assistants to the president (but really a massive organization which is slow and wasteful).

Question 86

define iron triangle

Answer 86

mutualistic relationship among (1)agencies,(2) interest groups, and individual (3)committees and subcommittees in Congress | benefit each group

Question 87

define lobbying

Answer 87

the activity involved in representing the cause of an interest group in the political system

Question 88

define budget deficit

Answer 88

year in which revenue<expenditures (sum of all deficits=natl. debt)

Question 89

define national debt

Answer 89

the amount owed by the federal government of the United States. The measure of the public debt is the value of the outstanding Treasury securities at a point of time that have been issued by the Treasury and other federal government agencies.

Question 90

define congressional oversight

Answer 90

includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation.

Question 91

Define policy rider

Answer 91

unrelated legislative proposals inserted into “must pass” legislation that would be too important or embarrassing for the President to veto

Question 92

Graph and describe how a bill becomes law

Answer 92

Bill is introduced to House and Senate
Referred to committee
Referred to Subcommittee
Rules Committee Action (House only)
Floor Action
Debate, vote to pass
Conference committee action
Return to house and senate for final approval
Sent to President
Vetoed or Signed
Reconsidered if vetoed

Question 93

What are the constraints on congressional power?

Answer 93

Article One of the constitution

Question 94

Describe the types and functions of congressional committees.

Answer 94

Can be special or select committees (special assignments), standing or conference committees.
Functions include holding hearings (information, propaganda, safety valve, self promotion), actions
(discharge, pigeonhole), subcommittee markup, amend or can consider or ignore the full committee.

Question 95

what are the powers and limits of the legislature?

Answer 95

Powers: Congress (House and Senate) has the ability to enact legislation, raise and allocate funds,
oversight of other agencies, declare war, impeachment, and approve presidential nominations or
appointments.
Limits: Federal checks and balances, constitutional limits (enumerated limits, states’ reserved powers,
Bill of Rights, Fifth Amendment, fourteenth amendment), courts (constitutional, breadth and limits of
law, broad legislation with agency and court implementation) and executive veto/ threat, and
implementation vigor.

Question 96

How could the U.S balance the federal budget?

Answer 96

Typically the states balance their budget each year, but the federal government has borrowed liberally
to fund appealing programs and win votes. This has contributed to the US deficit. Balancing it will
require more taxation and less expenditures

Question 97

October 12th and 17th**

Question 98

What do government agencies do?

Answer 98

A government or state agency, often an appointed commission, is a permanent or
semi-permanent organization that is responsible for the oversight and administration of specific functions, such as an intelligence agency. Agencies can be established by legislation or by executive powers (online answer, not sure what he is looking for)

Question 99

What are the powers and limits of the president?

Answer 99

Powers of the President include commander-in-chief of army and navy, power, with senate input, to make treaties and appoint ambassadors, veto laws or pocket veto (not signing a bill until after its too late in the legislative season), and making executive orders. They appoint about 7000 people including cabinet members, senior executive service, and federal judges. They oversee the whole executive branch which encompasses dozens of agencies and programs and millions of employees. Limits include a max of two 4 year terms, and can be impeached for treason, bribery, or other high crimes and misdemeanors. The President is also limited by the legislative branch in that only congress can introduce laws and makes the budget, congressional oversight of the executive branch, and senate approval of
appointments.

Question 100

What are the 3 or more advantages and 3 or more disadvantages of the courts in natural resource and policy?

Answer 100

The advantages of courts in NR policy include that they provide quick decisions and considerations of an issue, can be beneficial for less influential groups, turns vague issues into concrete matters. Some disadvantages include that they are the least democratic branch of government (not elected), only present two sides of an issue, depend heavily on precedents, judges lack technical knowledge on the issues.

Question 101

The Supreme Court has made three key decisions in 2007, 2014, and 2022 regarding EPA’s authority to regulate CO2 and its contributions to global warming. (a) Name those court cases, (b) what emission sources are covered, and (c) their implications for EPA’s efforts to prevent global warming.

Answer 101

Massachusetts v. EPA: landmark case on global warming where 12 states made the case that the EPA needs to regulate carbon dioxide and other greenhouse gases as pollutants; brought about a change in how many branches had typically ignored global warming caused by GHGs in the past as a policy issue. The court acknowledged global warming in their 5-4 decision calling it “the most pressing environmental challenge of our time” and that the EPA must regulate the emissions of GHGs under the Clean Air Act as pollutants from motor vehicles. Court ruled that Mass. had the right to sue since they were deemed to have likely injury from GHGs and that GHGs were causing climate change.

Utility Air Regulatory Group v. Environmental Protection Agency et al. 2014:
Supreme Court decided by a 7-2 margin that EPA could not regulate stationary facilities on the PSD/permit requirements. However, the Court did support EPA’s further regulation of the point sources through the use of BACT, thus affirming EPA’s general authority to regulate GHGs emitted from stationary sources.

West Virginia et al. vs EPA et al. 2022:
Congress did not grant the Environmental Protection Agency in Section 111(d) of the Clean Air Act the authority to devise emissions caps based on the generation-shifting approach the agency took in the Clean Power Plan.

Question 102

In the wildlife case of Lujan v. Defenders of Wildlife, the Supreme Court stated that plaintiffs must demonstrate three factors to prove they have standing to bring a lawsuit. (a) List the three factors and (b) discuss their implications for natural resource lawsuits.

Answer 102

1. show tangible harm
2. show that harm is imminent
3. show that legal action can improve the problem
   It makes it harder for lawsuits to get to court but it filters out some of the more unnecessary one. This can be a pro and a con.