Litigation and Inequality: Federal Diversity Jurisdiction in Industrial America, 1870-1958

Hardcover | March 1, 1994

byEdward A. Purcell

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Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims forinsurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as acritical period in the evolution of the twentieth century federal judicial system.

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Litigation and Inequality explores the dynamic and intricate relationship between legal and social change through the prism of litigation tactics and out-of-court settlement practices from the 1870s to the 1950s. Developing the synthetic historical concept of a "social litigation system", Purcell analyzes the role of both substansive a...

From the Publisher

Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims forinsurance benefits. Purcell refines the "progressiv...

Edward A. Purcell is at New York Law School.

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Format:HardcoverDimensions:464 pages, 9.49 × 6.38 × 1.46 inPublished:March 1, 1994Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0195073290

ISBN - 13:9780195073294

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From Our Editors

Litigation and Inequality explores the dynamic and intricate relationship between legal and social change through the prism of litigation tactics and out-of-court settlement practices from the 1870s to the 1950s. Developing the synthetic historical concept of a "social litigation system", Purcell analyzes the role of both substansive and procedural law, as well as the impact of social and political factors in shaping the de facto processes of litigation and claims-disputing. Focusing on tort and insurance contract disputes between individuals and national corporations, he examines the changing social and economic significance of the choice between state and national courts that federal diversity jurisdiction gave litigants. Litigation and Inequality scrutinizes the increasingly sophisticated methods that parties developed to exploit their ability to choose between forums. It also traces the changing responses of the courts and legislatures to the escalation of tactical maneuvering. It locates the origins of modern litigation practice in the quarter century after 1

Editorial Reviews

"[A] rich, detailed legal history....A tour de force. Purcell masterfully sets the groundwork for the lay reader and dependably guides the exploration of a necessarily technical topic.....This book should receive a wide audience. Legal historians and general practitioners interested in theperiod 1870 to 1940 will obviously find the work important....Economic historians particularly interested in institutions or game-theoretic approaches to historical analysis will find the book a rich source of ideas for future research."--Journal of Economic History