In litigation : do the "haves" still come out ahead? / edited by Herbert M. Kritzer and Susan S. Silbey.

Format:

Book

Contributor:

Kritzer, Herbert M., 1947-

Silbey, Susan S.

Language:

English

Subjects (All):

Galanter, Marc, 1931-.

Galanter, Marc.

Justice, Administration of--Social aspects--United States.

Justice, Administration of.

Actions and defenses--Social aspects--United States.

Actions and defenses.

Social aspects.

Justice, Administration of--Social aspects.

United States.

Physical Description:

viii, 439 pages : illustrations ; 24 cm

Place of Publication:

Stanford, Calif. : Stanford Law and Politics, 2003.

Summary:

Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead, " is among the most well-cited law review articles of all time. With his distinction between experienced "repeat players" and inexperienced" one shotters" in the U.S. judicial system, Galanter established a clear and predictable model of how the structure of our legal system and one's frequency of interaction with it influence the outcomes of cases. This book collects the original paper and ten contemporary articles about Galanter's theory in a single volume. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work. In Litigation provides a thorough presentation of the most durable theory explaining litigation and legal participation that sociolegal scholarship has produced.

Contents:

Introduction

Why the "haves" come out ahead : speculations on the limits of legal change / Marc Galanter

Do the "haves" come out ahead over time? Applying Galanter's framework to decisions of the U.S. Court of Appeals, 1925-1988 / Donald Songer, Reginald S. Sheehan, and Susan Brodie Haire

Representing homeless families : repeat player implementation strategies / Beth Harris

Which "haves" come out ahead and why? : cultural capital and legal mobilization in frontline law enforcement / Karyl A. Kinsey and Loretta J. Stalans

The rule of law and the litigation process : the paradox of losing by winning / Catherine Albiston

Resource inequalities in ideological courts : the case of the Israeli High Court of Justice / Yoav Dotan

Do repeat players behave differently in Russia? : contractual litigation behavior of Russian enterprises / Kathryn Hendley, Peter Murrell, and Randi Ryterman

Common knowledge and ideological critique : the significance of knowing that the "haves" come out ahead / Patricia Ewick and Susan S. Silbey

When the "haves" hold court : speculations on the organizational internalization of law / Lauren B. Edelman and Mark C. Suchman

The government gorilla : why does government come out ahead in appellate courts? / Herbert Kritzer

The varied and abundant progeny / Brian Glenn.

Notes:

Includes bibliographical references and index.

ISBN:

0804747334

0804747342

OCLC:

51046860