eBook - ePub
Does Privilege Prevail?
Litigation in High Courts across the Globe
- 188 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
eBook - ePub
Does Privilege Prevail?
Litigation in High Courts across the Globe
About this book
The first transnational comparative study of legal party capability theory
Justice is supposed to be blind. Cynics will say they know better. But what do the facts say? This groundbreaking study provides objective, data-driven answers to long-standing questions about winners and losers in courtrooms across the world. Does the party with the greater resources, such as money and influence, always prevail—and if so, why? Does Privilege Prevail? is the first book to evaluate these questions using a multi-country approach and, in doing so, assess what legal professionals and political scientists call party capability theory.
Stacia Haynie, Kirk Randazzo, and Reginald Sheehan analyze over fifteen thousand litigation outcomes of the high courts of six countries—Australia, Canada, India, the Philippines, South Africa, and the United Kingdom—from 1970 to 2000. This unprecedented trove of data reveals that while the “haves” of society do undoubtedly enjoy certain advantages in the judicial system, a more complex explanation for legal outcomes is required than party capability theory provides—especially when it comes to assessing the role of attorneys and their legal teams or the components of the docket where judges can provide avenues for the “have nots” to succeed.
Justice is supposed to be blind. Cynics will say they know better. But what do the facts say? This groundbreaking study provides objective, data-driven answers to long-standing questions about winners and losers in courtrooms across the world. Does the party with the greater resources, such as money and influence, always prevail—and if so, why? Does Privilege Prevail? is the first book to evaluate these questions using a multi-country approach and, in doing so, assess what legal professionals and political scientists call party capability theory.
Stacia Haynie, Kirk Randazzo, and Reginald Sheehan analyze over fifteen thousand litigation outcomes of the high courts of six countries—Australia, Canada, India, the Philippines, South Africa, and the United Kingdom—from 1970 to 2000. This unprecedented trove of data reveals that while the “haves” of society do undoubtedly enjoy certain advantages in the judicial system, a more complex explanation for legal outcomes is required than party capability theory provides—especially when it comes to assessing the role of attorneys and their legal teams or the components of the docket where judges can provide avenues for the “have nots” to succeed.
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Yes, you can access Does Privilege Prevail? by Stacia L Haynie,Kirk A Randazzo,Reginald S Sheehan in PDF and/or ePUB format, as well as other popular books in Law & Comparative Law. We have over one million books available in our catalogue for you to explore.
Information
Table of contents
- Cover
- Title Page
- Copyright Page
- Contents
- Acknowledgments
- Introduction
- 1. Party Capability Theory in the United States
- 2. Party Capability Theory in a Comparative Context
- 3. Winners and Losers: An Aggregate Analysis
- 4. Examining the Success of the Government Gorilla
- 5. A Comparative Analysis of Party Capability Theory
- 6. Repeat Players, One-Shotters, and More
- Appendix A. Descriptions of the High Courts
- Appendix B. Descriptive Statistics for the Individual High Courts
- Notes
- References
- Index