How do cause lawyers decide when and where to litigate on behalf of their cause?

Scott Barclay, Daniel Chomsky

Research output: Contribution to journalArticle

5 Scopus citations

Abstract

In this article, we begin to respond to the deceptively simple question: How do cause lawyers decide when and where to litigate on behalf of their cause? We consider the choice of location and timing faced by cause lawyers when more than one jurisdiction evinces a suitable legal environment for pursuing litigation on their cause. To consider this choice, we use evidence from the timing and actions of cause lawyers in the marriage equality cases in the United States from January 1990 through December 2004. And, we show the value in utilizing methods that are relatively novel in cause lawyering research-statistical models-to consider the apparent commonalities, beyond a suitable legal environment, across locations and time periods that might prompt cause lawyers into action.

Original languageEnglish (US)
Pages (from-to)595-620
Number of pages26
JournalLaw and Society Review
Volume48
Issue number3
DOIs
StatePublished - Sep 2014
Externally publishedYes

ASJC Scopus subject areas

  • Sociology and Political Science
  • Law

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