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THE SOUTH CAROLINA SUPREME COURT AND THE POLITICAL DISADVANTAGE THEORY
Author(s) -
Kuersten A. K.
Publication year - 1996
Publication title -
southeastern political review
Language(s) - English
Resource type - Journals
eISSN - 1747-1346
pISSN - 0730-2177
DOI - 10.1111/j.1747-1346.1996.tb00095.x
Subject(s) - disadvantaged , disadvantage , supreme court , politics , law , face (sociological concept) , political science , state (computer science) , exploratory research , sociology , social science , algorithm , computer science
Several scholars have shown that “repeat player” status of litigants translates into success in the courtroom as a result of expert attorney experience, optimal strategies and superior knowledge of cases. But the political disadvantage theory holds that the courtroom is the only political forum open to disadvantaged groups. An initial exploratory analysis of a state court demonstrates that while amicus briefs do allow the court system to be open to diverse groups, litigants represented by repeat player amicus are more successful. This study argues that repeat players in the court organize and represent the underdogs of society, thereby neutralizing some disadvantages those underdogs face. Repeat players allow the less advantaged litigants to supplement their own meager resources with the expertise of more advantaged litigants.