In Litigation: Do the Haves Still Come Out Ahead?

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Stanford University Press, 2003 - Law - 439 pages
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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.

 

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Contents

Why the Haves Come Out Ahead
13
Do The Haves Come Out Ahead over Time?
85
Representing Homeless Families
108
Which Haves Come Out Ahead and Why?
137
Auditor Decisions
148
The Rule of Law and the Litigation Process
168
FMLA opinions
188
Resource Inequalities in Ideological Courts
212
Do Repeat Players Behave Differently in Russia?
236
of Cases in Arbitrazh Court During 1996
256
Common Knowledge and Ideological Critique
273
When the Haves Hold Court
290
The Government Gorilla
342
The Varied and Abundant Progeny
371
About the Authors
421
Copyright

Tables
223

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About the author (2003)

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.

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