In a famous 1974 paper titled “Why the Haves Come Out Ahead,” the University of Wisconsin law professor Marc Galanter argued that litigation systematically favors repeat players with the wherewithal to take fullest advantage of the courts. Key to his argument was the point that courts are “reactive”: They only do something when someone asks them to. That favors “the claimant with the information, ability to surmount cost barriers, and skill to navigate restrictive procedural requirements.” And most repeat players, Galanter said, tend to be “larger, richer and more powerful” than single-shotters.
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