Does Privilege Prevail?
Litigation in High Courts across the Globe
Stacia L. Haynie, Kirk A. Randazzo, and Reginald S. Sheehan
subjects:
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.
“A much-needed book that makes a strong contribution to the study of law and courts and of political science.”—Jennifer Barnes Bowie, University of Richmond, coauthor of The View from the Bench and Chambers: Examining Judicial Process and Decision Making on the U.S. Courts of Appeals-
Does Privilege Prevail? tests Galanter’s famous theory on repeat players in a comparative context. Poised to make a substantial contribution to the field of judicial politics.- Lydia B. Tiede, University of Houston, author of Judicial Vetoes: Decision-making on Mixed Selection Constitutional Courts
A much-needed book that makes a strong contribution to the study of law and courts and of political science.- Jennifer Barnes Bowie, University of Richmond, author of The View from the Bench and Chambers: Examining Judicial Process and Decision Making on the U.S. Courts of Appeals
Stacia L. Haynie is President of Midwestern State University. Kirk A. Randazzo is Professor of Political Science at the University of South Carolina. Reginald S. Sheehan is Professor Emeritus of Political Science at Michigan State University.
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
