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“Haves” Versus “Have Nots” in State Supreme Courts: Allocating Docket Space and Wins in Power Asymmetric Cases

Published online by Cambridge University Press:  02 April 2024

Paul Brace  and
Melinda Gann Hall
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Abstract

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This article evaluates two basic issues about dockets and case outcomes in American appellate courts. First, what determines the extent to which a court devotes its docket to civil cases involving asymmetrical power relationships between litigants? Second, in civil cases in which the “have-nots” are pitted against the “haves,” which forces determine the extent to which courts favor the less privileged? To answer these questions, we identify power asymmetric civil cases and the size of each court's docket by examining all 6,750 cases decided in state supreme courts in 1996. Results reveal that contextual factors are formidable in shaping both agenda space and win rates in civil disputes involving conflicts between advantaged and disadvantaged litigants. Institutional features of supreme courts and state court systems, the supply of legal resources, and public preferences all emerge as critical influences on the willingness of the states' highest courts to decide have/have not conflicts and on the ultimate disposition of these cases. In sum, a comprehensive understanding of the ways in which courts treat cases involving the disadvantaged and, more broadly, function as agents of redistributive change cannot be achieved without focusing beyond the ideological preferences of judges and the skill of the litigants.

Type
Research Article
Information
Law & Society Review , Volume 35 , Issue 2 , 2001 , pp. 393 - 417
Copyright
Copyright © 2001 Law and Society Association.

Footnotes

Order of authorship is alphabetical. Earlier versions of this article were presented at the 2000 American Political Science Association Meeting in Atlanta, Georgia; the 2001 Meeting of the International Political Science Association Research Committee on Comparative Judicial Studies, Cape Town, South Africa; and the 2001 Meeting of the Law and Society Association, Budapest, Hungary. We wish to thank James Gibson for his thoughtful suggestions, Laura Langer for her suggestions and help with data, and Kevin Arceneaux, Thom Blalock, Chris Bonneau, Kellie Sims-Butler, and Martin Pressley for excellent research assistance on this project. This research was partly supported by the National Science Foundation Grants SBR9617190, SES9911082, SES9911166. The authors retain sole responsibility for any errors.

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