Litigating the Zero-Sum Game: The Effect of Institutional Reform Litigation on Absent Parties

52 Pages Posted: 11 Aug 2007

See all articles by Elizabeth G. Thornburg

Elizabeth G. Thornburg

Southern Methodist University - Dedman School of Law

Abstract

This article considers the impact that the use and misuse of equitable interest balancing has had on institutional reform litigation. It begins by considering the types of cases in which interest balancing was originally used in equity, and then surveys the use of interest balancing in school desegregation and employment discrimination cases. The article argues that the Supreme Court's interest balancing is flawed in systemic ways that result in overvaluing non-party interests.

Keywords: equity, interest balancing, desegregation, Supreme Court

JEL Classification: K39

Suggested Citation

Thornburg, Elizabeth G., Litigating the Zero-Sum Game: The Effect of Institutional Reform Litigation on Absent Parties. Oregon Law Review, Vol. 66, p. 843, 1987, Available at SSRN: https://ssrn.com/abstract=1006250

Elizabeth G. Thornburg (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 0116
Dallas, TX 75275
United States
214-768-2613 (Phone)
214-768-3142 (Fax)

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