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2012 - Southern Political Science Association Pages: unavailable || Words: 11693 words || 
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1. Gambitta, Richard. "Better to Have Litigated and Lost than Never to Have Litigated at All" Paper presented at the annual meeting of the Southern Political Science Association, Hotel InterContinental, New Orleans, Louisiana, Jan 12, 2012 Online <APPLICATION/PDF>. 2020-02-22 <http://citation.allacademic.com/meta/p545075_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: ‘Tis Better to Have Litigated and Lost Than Never to Have Litigated at All
Richard Gambitta, Director, Institute for Law and Public Affairs, University of Texas at San Antonio and Jessica Mendez

Scholars have studied the policy impact of judicial decisions in a sophisticated manner since the 1960s. Few scholars have studied extensively the impact of litigation-- a judicial decision being only one of many episodes in the litigation process and the ongoing policy formulation and implementation process. Rarely have scholars studied the impact of litigation that loses in court but alters the direction of and/or has significant positive impact on public policy and resource allocation from the plaintiffs’ perspective. Much research indicates the failure of policy players to comply with judicial decisions, but (a) the litigation process needs to be studied, not just, or even primarily, the judicial decision(s), and (b) “losing” litigation that causes positive policy change needs more systematic assessment, and (c) theory needs to be developed about the aftermath and consequences of litigation that loses in court but wins in the arena of public policy, so that we may better understand litigation as a weapon in a political arsenal aimed at policy change. This paper analyzes three major litigations that lost in the final court decision but fostered positive policy change: SAISD v. Rodriguez, LULAC v Richard, and Salvatierra v. Del Rio ISD.

2010 - The Law and Society Association Words: 83 words || 
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2. Farhang, Sean. "Effects of Economic Recovery on the Volume and Nature of Litigation: Evidence from Job Discrimination Litigation" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Chicago Hotel, Chicago, IL, May 27, 2010 <Not Available>. 2020-02-22 <http://citation.allacademic.com/meta/p407634_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The paper will examine, in the context of job discrimination litigation, whether the statutory manipulation of the economic value of lawsuits influences the volume of enforcement litigation; which socio-economic classes of workers’ rights are actually vindicated through litigation; the ability of plaintiffs to secure counsel; and the extent to which plaintiffs counsel actually prosecute claims. The findings will have implications for statutory design as it pertains to the use of private lawsuits as a policy tool for implementation of social and economic regulation.

2014 - Southern Political Science Association Words: 229 words || 
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3. Walson, John. "Mapping Legal Rules to Outcomes: Adversarial Litigation and Litigant Expertise" Paper presented at the annual meeting of the Southern Political Science Association, The Hyatt Regency New Orleans, New Orleans, Louisiana, Jan 09, 2014 <Not Available>. 2020-02-22 <http://citation.allacademic.com/meta/p698899_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: High court judges are tasked with a seemingly overwhelming job. They are required to issue legal rules to address myriad issues with which they often have little expertise, using only the facts of a specific case and the contributions of parties with vested interests to inform their understanding. They do so without the resources other policymakers like legislatures and executives possess, and as the world gets more complicated, their task only gets harder. How do high court judges meet this challenge? In this paper, I employ a formal model to examine how the institution of adversarial adjudication itself helps appellate judges overcome their informational disadvantages. I demonstrate the conditions under which competing litigants credibly convey information, allowing appellate judges to make better-informed decisions despite the fact that litigants have obvious reasons to provide prejudiced information. I find that adversarial adjudication serves this function by inducing each party to police the others’ biased claims, which in turn forces all parties to make more truthful claims than they would otherwise.

The paper enriches our understanding of appellate judges not merely as political actors but also as policymakers and contributes to the broader literature on delegation and the challenge of policymaking. The model also forms a foundation for further exploration of ancillary institutions grafted onto the basic structure of litigation with implications for case selection, judicial hierarchy, and the particulars of appellate procedure.

2012 - The Law and Society Association Words: 298 words || 
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4. Cameron, Camille. "Litigation as "Core Business": Analysing the Access, Risk, and Regulatory Dimensions of Commercial Litigation Funding" Paper presented at the annual meeting of the The Law and Society Association, Hilton Hawaiian Village Resort, Honolulu, HI, Jun 03, 2012 <Not Available>. 2020-02-22 <http://citation.allacademic.com/meta/p558786_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The availability of commercial litigation funding for class actions improves access to justice for some categories of claims. Using information obtained from interviews of key actors (lawyers, clients, judges, funders), media reports and judicial decisions, this paper will analyse the nature and impacts of commercial litigation funding by examining two securities class actions in Australia. Australia offers an excellent opportunity for this research because of the dominant role commercial litigation funding has come to play (assisted by favourable court decisions) in Australia’s class action litigation landscape in a relatively brief period of time. Both of the securities class actions being studied were settled with favourable results for class members, and both were possible only because of the availability of commercial funding. This research has also revealed, however, a possible negative impact of commercial litigation funding on access to justice, as plaintiff lawyers who would previously have taken on risks as ‘private funders’ of high stakes cases may now be less willing to do so. The positive and negative access to justice dimensions of commercial litigation funding will be considered.

The relationship between a jurisdiction’s legal financing structures and commercial litigation funder models, philosophies and approaches will also be examined. These case studies offer a good opportunity for this analysis, as one of the case study funders was Australian and the other was Canadian. This analysis will include practical and ethical issues raised for class counsel in cases funded by commercial litigation funders, and how these might vary across lawyers and funders.

Finally, trends in commercial litigation funding will be considered, including how they are being, and should be, regulated. This will include a consideration of some emerging ‘best practice’ discourse and will refer to key judicial decisions and policy developments in various common and civil law jurisdictions.

2008 - The Law and Society Association Words: 133 words || 
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5. Schlanger, Margo. and Kim, Pauline. "The EEOC's Injunctive Litigation: The Continuing Relevance of Institutional Reform Litigation" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2020-02-22 <http://citation.allacademic.com/meta/p235430_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The Equal Employment Opportunity Commission is a major political actor, setting policy in a variety of ways—issuing interpretive regulations and “guidelines”; investigating and conciliating individual charges of discrimination; and (relevant here) litigating cases on behalf of aggrieved workers. Over the last 10 years, the EEOC filed about 4000 cases against private employers seeking monetary and injunctive relief to compensate victims of discrimination. We are in the early stages of a major project examining these cases, looking at the process by which they are litigated in federal district courts and at their outcomes. This paper looks at the injunctions in the larger, class-action-like cases; we hope to test the conventional wisdom that structural reform litigation is a nearly defunct phenomenon, and to explore trends in the terms of the injunctions.

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