TY - JOUR
T1 - Interest groups in the Israeli high court of justice
T2 - Measuring success in litigation and in out-of-court settlements
AU - Dotan, Yoav
AU - Hofnung, Menachem
PY - 2001/1
Y1 - 2001/1
N2 - The question of whether and to what extent interest groups are more successful than other parties in litigation is the subject of many debates among social scientists. Previous works in the field concentrated on checking outcomes of cases that were disposed of by courts in officially published final decisions. We sought to analyze not only final court decisions but also the outcomes of out-of-court settlements. Drawing from Marc Galanter’s hypothesis that groups, especially those who are “repeat players,” are likely to use out-of-court settlements more often and more efficiently than other litigants (Galanter 1974), we measured actual case outcomes of petitions brought before the Israeli High Court of Justice. We found that groups in general, and “repeat player” groups in particular, achieved a success rate significantly higher than other litigants. We also found that the relative advantage of groups in litigation is the result of their ability to reach out-of-court settlements with government agencies. Blackwell Publishers Ltd 2001.
AB - The question of whether and to what extent interest groups are more successful than other parties in litigation is the subject of many debates among social scientists. Previous works in the field concentrated on checking outcomes of cases that were disposed of by courts in officially published final decisions. We sought to analyze not only final court decisions but also the outcomes of out-of-court settlements. Drawing from Marc Galanter’s hypothesis that groups, especially those who are “repeat players,” are likely to use out-of-court settlements more often and more efficiently than other litigants (Galanter 1974), we measured actual case outcomes of petitions brought before the Israeli High Court of Justice. We found that groups in general, and “repeat player” groups in particular, achieved a success rate significantly higher than other litigants. We also found that the relative advantage of groups in litigation is the result of their ability to reach out-of-court settlements with government agencies. Blackwell Publishers Ltd 2001.
UR - http://www.scopus.com/inward/record.url?scp=85023070673&partnerID=8YFLogxK
U2 - 10.1111/1467-9930.t01-1-00100
DO - 10.1111/1467-9930.t01-1-00100
M3 - ???researchoutput.researchoutputtypes.contributiontojournal.article???
AN - SCOPUS:85023070673
SN - 0265-8240
VL - 23
SP - 1
EP - 27
JO - Law and Policy
JF - Law and Policy
IS - 1
ER -