DRAFT
Feb. 23, 2009
Marc Galanter
Litigation and Society
Session 1. Tuesday March 3, 5:45-7:00
Framing Litigation: the Dispute Pyramid– (to mix metaphors) its roots, branches and
fruits. (Could we reformulate it as the Disputing Tree?).
Suggested Reading:
Galanter, "Adjudicatiion, Litigation and Related Phenomena" in Lipson &
Wheeler, Law and the Social Sciences (1986) , pp. 182-192.
Felstiner, Abel & Sarat, "The Emergence and Transformation of Disputes:
Naming, Blaming, Claiming..." 15 Law & Society Review 631 (1980-81), esp,
633-37
Miller & Sarat, "Grievances, Claims and Disputes: Assessing the Adversary
Culture," 15 Law & Society Review 525 (1980-81), esp. 544-46
Galanter, "The Radiating Effects of Courts" in Boyum & Mather, Empirical
Theories about Courts (1983), esp. 121-128.
Clermont & Eisenberg, Plaintiphobia in the Appellate Courts: Civil Rights Realluy
Do Differ From Negotiable Instruments,” 2002 Univ. of Illinois Law Review 947
(2002) esp. 967, 970.
What makes matters go up the pyramid? What prevents/discourages them
from doing so? Which matters become the occasion of doctrinal
pronouncements? What are the effects of such pronouncements and/or
other action high on the pyramid?
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DRAFT
Feb. 23, 2009
Session 2. Thursday, March 5, 5:45-7:00
The Expansion of Remedy: From "Rough Justice?" to "Total Justice."
Galanter, "Bhopals, Past and Present: Changing Responses to Industrial Disaster,"
10 Windsor Yearbook of Access to Justice 3-22 (1990)."Bhopals, Past and Present"
Friedman, Total Justice (1985) pp. 45-79
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DRAFT
Feb. 23, 2009
Galanter, "The Turn Against Law: The Recoil Against Expanding Accountability,"
81 Texas Law Review 285 (2002), esp. 285-291
The bad old days; the litigation trough; the New Deal; expansion of
tort and civil rights remedies; a proficient plaintiffs bar (Witt);
judicial ‘activism' and its limits (Brown, Roe, death penalty)
Session 3. Tuesday March 10, 5:45-7:00
The Recoil against Expansive Remedies
Galanter, The Travails of Total Justice (unpublished, in press)
Galanter, “The Turn Against Law,”,pp. 291-304
End of civil rights activism, tort reform, litigation explosion, embrace of
ADR, decline of trials, managerial judging, limitations on punitive damages,
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DRAFT
Feb. 23, 2009
Session 4. Thursday, March 12, 5:45-7:00
Lawyers: the rise of the corporate hemisphere
Galanter & Henderson, “The Elastic Tournament: A Second Transformation of the
Big Law Firm, 60 Stanford Law Review 1867 (2008)
Bates v. Arizona
Galanter & Roberts, "From Kinship to Magic Circle” (unpublished):
The invention of the promotion-to-partnership firm, its growth and
dominance. The English variant. Bates v Arizona and its unintended
consequences; the new information order; transformation, mobility; the
second transformation.
Session 5. Tuesday, March 17, 5:45-7:00
The Changing Demography of Legal Actors: from Natural to Arificial Persons
Galanter, "Planet of the APs, Reflections on the Scale of Law and its Users,” 53
Buffalo Law Review 1369 (2006)
Heinz, et al., Urban Lawyers
Hadfield, The Price of Law
Ascendency of corporate actors; how they transform the legal system;
The notion of bifurcating the profession (Marbury, Reed, Hadfield, Pearce?)
Session 6. Thursday, March 19, 5:45-7:00
Legalization and Counter-legalization: anti-lawyerism; antinomianism
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DRAFT
Feb. 23, 2009
Galanter, "Law Abounding: Legalisation Around the North Atlantic," 55 Modern
Law Review 55:1 (1992).
MG, An Oil Strike in Hell, 40 Arizona Law Review 717 (1998)
MG, “The Great American Lawyer Joke Explosion,” 21 Humor 387 (2008)
The legalization of the lifeworld (cartoon slides); more lawyers, more law and
regulation, more spending, more consciousness (Mezey). Legends of legalization;
Anti-lawyerism; the great surge in lawyer jokes.
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