Law and Economic Inequality - Law and Society

For final exam

critical legal studies (“crits”)

law and politics are inseparable and law enforces social hierarchies; law perpetuates economic inequality and hierarchies; created by two professor at Harvard Law in the 60s and 70s

Mark Galanter, “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change

believed there are two types of litigants: repeat players and oneshotters

repeat players

groups that routinely use the courts to solve problems (ex: prosecutors, the ACLU, the government, insurance/financial companies)

oneshotters

those that rarely use the courts (ex: injury claimants, parties to advance); oneshotters mostly get crushed by repeat players

advantages of repeat players

usually richer, familiarity with the courts, develop expertise, each individual case is of low cost, longterm legal strategies, etc.

interest group participation in litigation

amici curiae, test cases

amici curiae

‘friends of the court’, try to get the court to take a case and/or influence who wins; attorney has to be on Supreme Court bar to file brief

test cases

cases that are strategically brought to the court to challenge a particular law

Influence of amici on Supreme Court

amicus briefs signal the social, economic, and political importance of a case, case is more likely to be heard, the more briefs —> the more the Court will grant certiorari.

tactics groups can use to influence litigation

class actions, test cases, participation as amici, providing legal service and advice, expert testimony, financial assistance