In Litigation

by Kritzer, Herbert M.

• ISBN13: 9780804747349
• ISBN10: 0804747342
• Format: Paperback
• Copyright: 2003-08-01
• Publisher: Stanford Law & Politics

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 Litigationprovides a thorough presentation of the most durable theory explaining litigation and legal participation that sociolegal scholarship has produced.

Author Biography

Herbert M. Kritzer is Professor of Political Science and Law at the University of Wisconsin-Madison. Susan S. Silbey is Professor of Sociology and Anthropology at the Massachusetts Institute of Technology.

Table of Contents

List of Figures and Tables	vii
Part 1. Beginning with the Theory
Introduction	3	(368)
Why the ``Haves'' Come Out Ahead
Speculations on the Limits of Legal Change	13	(72)
Marc Galanter
Part 2. Testing the Hypotheses
Do The ``Haves'' Come Out Ahead over Time?
Applying Galanter's Framework to Decisions of the U.S. Court of Appeals, 1925--1988	85	(23)
Donald Songer
Reginald S. Sheehan
Susan Brodie Haire
Representing Homeless Families
Repeat Player Implementation Strategies	108	(29)
Beth Harris
Which ``Haves'' Come Out Ahead and Why?
Cultural Capital and Legal Mobilization in Frontline Law Enforcement	137	(31)
Karyl A. Kinsey
Loretta J. Stalans
The Rule of Law and the Litigation Process
The Paradox of Losing by Winning	168	(44)
Catherine Albiston
Resource Inequalities in Ideological Courts
The Case of the Israeli High Court of Justice	212	(24)
Yoav Dotan
Do Repeat Players Behave Differently in Russia?
Contractual and Litigation Behavior of Russian Enterprises	236	(37)
Kathryn Hendley
Peter Murrell
Randi Ryterman
Part 3. Synthesizing and Advancing Theory
Common Knowledge and Ideological Critique
The Significance of Knowing That the ``Haves'' Come Out Ahead	273	(17)
Patricia Ewick
Susan S. Silbey
When the ``Haves'' Hold Court
Speculations on the Organizational Internalization of Law	290	(52)
Lauren B. Edelman
Mark C. Suchman
The Government Gorilla
Why Does Government Come Out Ahead in Appellate Courts?	342	(29)
Herbert Kritzer
The Varied and Abundant Progeny	371	(50)
Brian Glenn
About the Authors	421	(4)
Index	425