NCJ Number
125518
Journal
Law and Society Review Volume: 24 Issue: 2 Dated: (1990) Pages: 497-519
Date Published
1990
Length
23 pages
Annotation
Using a data base of 28,000 trial cases decided in 4 Arizona trial courts between 1912 and 1951, this article examines the relationships between crises, litigation, and policy change.
Abstract
After comparing and contrasting consensus-theory and conflict-theory perspectives on trial court litigation, an interrupted time-series design is used to test three propositions derived from the conflict-theory perspective. These propositions concern the impact of crises, namely, world wars and economic depressions, on various types of litigation, the victory patterns of various types of disputants, the ability of losing litigants to obtain policy relief, and the impact of policy change on varying disputants and litigants. Although the results are preliminary and tentative, they suggest the significance of a conflict perspective on crises, litigation, and policy change. Conflict theory, which hypothesizes that businesses/organizations have a considerable advantage in suits with individuals, supports the view that litigation measures the State role in protecting or limiting economic and political domination of organizations over individuals. 6 figures, 2 tables. (Author abstract modified)