This is the fortieth anniversary edition of a classic of law and society, updated with extensive new commentary. Drawing a distinction between experienced arepeat playersa and inexperienced aone shottersa in the U.S. judicial system, Marc Galanter establishes a recognized and applied model of how the structure of the legal system and an actoras frequency of interaction with it can predict outcomes. Notwithstanding democratic institutions of governance and the amajestic equalitya of the courts, the enactment and implementation of genuinely redistributive measures is a hard uphill struggle. In one of the most-cited essays in the legal literature, Galanter incisively demolishes the myth that courts are the prime equalizing force in American society. He provides a penetrating analysis of the limitations and possibilities of courts as the source and engine of large-scale social change. Galanteras influential article is now available in a convenient, affordable, and assignable book (in print and ebooks), with a new introduction by the author that explains the origins and aftermath of the original work. In addition, it features his 2006 article applying the original thesis to real-world dilemmas in legal structure and consequence today. The collection also adds a new Foreword by Shauhin Talesh of the University of California-Irvine and a new Afterword by Robert Gordon of Stanford. As Gordon points out, aThe great contribution of the article was that it went well beyond local and contingent political explanations to locate obstacles to social reform and redistributive policies in the institutional structure of the legal system itself.a Gordon details ways in which Galanteras prophesies have come true and even worsened over four decades. Talesh catalogs the articleas place in legal lore: aseminal, blockbuster, canonical, game-changing, extraordinary, pivotal, and noteworthy.a Talesh introduces how repeat players gain advantages in the legal system and how aGalanter set out an important agenda for legal scholars, sociologists, political scientists, and economists. In short, aevery law and legal studies student should be required to read the article because it contextualizes the procedural system as something more than a set of rules that should be memorized and mechanically applied.a A powerful new addition to the Classics of Law a Society Series by Quid Pro Books. Features active contents, linked notes, active URLs, and linked Index.SUMMERS, Clyde (1960) aIndividual Rights in Collective Agreements: A Preliminary Analysis, a9 Buffalo LawReview 239. ... (1968)aLaw and the Consumer Transaction: ACase Study of the Automobile Warranty, a 1968 Wisconsin Law Reviewanbsp;...
|Title||:||Why the Haves Come Out Ahead|
|Publisher||:||Quid Pro Books - 2014-09-15|