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A Model of Cause Lawyering

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  • Scott Baker
  • Gary Biglaiser

Abstract

This paper is an economic analysis of cause lawyering, in which lawyers seek social change through the courts. The lawyer's litigation strategy consists of deciding how many steps in the law to ask the court to move at a single moment. We find that more intense advocates prefer to ask for a series of small steps to move the law. We also investigate how the Supreme Court's doctrine responds to advocacy in lower courts. We find that when facing intense advocates, a Supreme Court is more likely to issue constraining doctrine. We link the findings from the model to the National Association for the Advancement of Colored People's litigation strategy for eradicating the doctrine of separate but equal.

Suggested Citation

  • Scott Baker & Gary Biglaiser, 2014. "A Model of Cause Lawyering," The Journal of Legal Studies, University of Chicago Press, vol. 43(1), pages 37-63.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/673530
    DOI: 10.1086/673530
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    References listed on IDEAS

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    1. Daniel Kahneman & Amos Tversky, 2013. "Prospect Theory: An Analysis of Decision Under Risk," World Scientific Book Chapters, in: Leonard C MacLean & William T Ziemba (ed.), HANDBOOK OF THE FUNDAMENTALS OF FINANCIAL DECISION MAKING Part I, chapter 6, pages 99-127, World Scientific Publishing Co. Pte. Ltd..
    2. Scott Baker & Claudio Mezzetti, 2012. "A Theory of Rational Jurisprudence," Journal of Political Economy, University of Chicago Press, vol. 120(3), pages 513-551.
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    Cited by:

    1. M. Todd Henderson & William H. J. Hubbard, 2015. "Judicial Noncompliance with Mandatory Procedural Rules under the Private Securities Litigation Reform Act," The Journal of Legal Studies, University of Chicago Press, vol. 44(S1), pages 87-105.

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