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Title: The Politics of Litigation
Litigation is part of the American policymaking playbook as diverse groups routinely turn to courts to pursue their agendas. All of this litigation raises questions about its consequences. This essay examines the literature on the political risks of litigation. It argues that this literature identifies four potential risks - crowd out, path dependence, backlash, and individualization - but offers less insight into the likelihood of these risks in practice. It ends by offering suggestions about how to advance our understanding of when litigation casts a negative political shadow in the current age of judicialization.  more » « less
Award ID(s):
1655281
PAR ID:
10176838
Author(s) / Creator(s):
Date Published:
Journal Name:
Studies in law politics and society
Volume:
79
Issue:
Special Issue on Courts and Social Change
ISSN:
1875-8088
Page Range / eLocation ID:
147-168
Format(s):
Medium: X
Sponsoring Org:
National Science Foundation
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