Repeat players shape law itself to secure long-term advantage beyond winning individual cases.
Evidence
Because litigation is a normal part of their doing business, repeat players typically retain experienced, specialized counsel. Thus, as in cases involving one-shotters, disputes between repeat players usually involve a rough parity in legal representation. Because repeat players, unlike one-shotters, expect to litigate, they tend to take steps to ensure that the applicable law is favorable to their interests. They may seek to influence the law that government creates. Business and labor, for example, lobby hard on legislation that is likely to affect labor relations. If the applicable law arises out of private agreements, then repeat players employ their legal expertise and negotiating skills to fashion favorable contracts. They also attempt to promote a body of judicial precedent favorable to their interests. Thus, in litigation, repeat players are concerned not merely with the outcome of individual cases but also with their long-term legal advantage. Repeat players who succeed in securing favorable legislation, contracts, and judicial interpretations can expect to advance their interests through litigation. — G. Alan Tarr, Judicial Process and Judicial…, 1121
Categorization
- DEFINE: Defines and elaborates the repeat-player (RP) category central to Galanter-style litigation analysis used throughout the course.
- XREF: Builds the repeat-player vs one-shotter framework likely introduced in an earlier chapter (lawyer-client dynamics in judicial processes). — connects to: Repeat players’ specialist counsel and litigation experience give them structural advantages. — G. Alan Tarr, Judicial Process and Judicial…, 2287; Repeat players can draft contracts and structure disputes to advantage themselves. — G. Alan Tarr, Judicial Process and Judicial…, 1122; Repeat players lobby legislatures and draft contracts to shape favorable law. — G. Alan Tarr, Judicial Process and Judicial…, 2282 (+1 more)
Broader Connections
- Repeat players lobby legislatures and draft contracts to shape favorable law.
#exemplifies(0.88) — G. Alan Tarr, Judicial Process and Judicial…, 2282 - Repeat players can draft contracts and structure disputes to advantage themselves.
#exemplifies(0.84) — G. Alan Tarr, Judicial Process and Judicial…, 1122 - Repeat players’ specialist counsel and litigation experience give them structural advantages.
#expands(0.82) — G. Alan Tarr, Judicial Process and Judicial…, 2287 - Lawyer groups with long-term stakes can equalize one-shotter bargaining power.
#complicates(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 2290