The focus of this article is on that segment of the litigation cycle in which lawyers' attention to the Court's rulings affects the cases they bring and how they bring them. To indicate the Court's importance for litigating organizations' existence and functioning, we first explore a set of cases involving the NAACP. These cases, involving the organization's survival, show how the need for organizational maintenance affects an organization's ability to litigate as it would like to do. Drawing on the law of procedure, we next examine cases affecting organizations' ability to bring cases. Then we turn to see how Supreme Court rulings are thought to affect civil rights litigators' choice of areas of law in which to bring cases. In keeping with our emphasis on how Supreme Court rulings can affect the dynamics of ongoing litigation, we give more extended attention to the Denver and first Detroit school desegregation cases, which allow us to recapitulate the variety of effects Supreme Court rulings have on continuing litigation and its dynamics.
Wasby, Stephen L.
"The Supreme Court's Impact On Litigation,"
Akron Law Review: Vol. 26
, Article 2.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol26/iss3/2