In Litigation: Do the Haves Still Come Out Ahead?

Marc Galanter’s seminal work, Why the Haves Come Out Ahead is among the most well-cited law review articles of all time. With his distinction between experienced repeat players and inexperienced one shotters in the US judicial system, Galanter established a clear model of how the structure of our legal system and one’s frequency of interaction with it influence the outcomes of cases. This work collects the original paper and 10 contemporary articles about Galanter’s theory. The articles, which present new research results and synthesize work done since the 1980s, examine the lasting influence and continued importance of this work.