2001 Wis. L. Rev. 577 (2001)
Contract in Court; or Almost Everything You May or May Not Want to Know about Contract Litigation

handle is hein.journals/wlr2001 and id is 591 raw text is: CONTRACT IN COURT; OR
ALMOST EVERYTHING YOU MAY OR MAY NOT WANT
TO KNOW ABOUT CONTRACT LITIGATION
MARC GALANTER*
I. INTRODUCTION
This Article attempts to sketch a missing piece of the contract
story-how much contract litigation there is, who brings it against whom,
how the parties fare, how this has changed over time, and so forth.
Contract doctrine is like the baseball rulebook. It tells you what the
players are supposed to do and how the umpires are supposed to rule, but
you can't envision the game by examining the rulebook alone. This
Article makes no claim to offer a full account of the living practice of
contract litigation, instead, it supplements the rulebook by presenting
another ingredient from which we might construct such an account, a
collection of box scores. These may help us to assess the effects of
doctrine, to see what difference is made by contract rules and by
procedure, or by styles or amounts of legal representation, etc. I confine
myself here to summarizing the box scores and leave such assessment to
those of you on the field, in the dugout, or in the press box. If I may
extend the baseball analogy, this paper also ventures to look at least
fleetingly at the coaches, scorekeepers, sportswriters, and fans to see how
the activity of the those engaged in physical baseball is reflected in the
activity of the mental--or should I say psychic-players.
The present article is not the product of a massive research project,
but is an example of a low cost bricolage strategy of trying to capture,
refine, and juxtapose scattered data already in the public domain,
extracting a focussed account from bodies of information gathered for
other purposes. In some cases the sources are collections of raw data; in
others they are sophisticated analyses. This compilation is only feasible
by not being overly sensitive to the pitfalls of the former or the intricacies
of the latter.
*    John and Rylla Bosshard Professor of Law and Professor of South Asian
Studies, University of Wisconsin Law School; Centennial Professor, London School of
Economics. I am grateful to David Gower (Wisconsin, Class of 2002) for his extensive
and excellent work on this paper; to Sunil Roy of the Law School Library for invaluable
assistance; to Toni Griffin of the American Arbitration Association and Brian Ostrom and
Neil LaFontain of the National Center for State Courts for generously supplying materials;
to Kevin Clermont and Ted Eisenberg for making available their unpublished paper; and
for probing comments to Gillian Hadfield, Richard Posner, and the participants in the
University of Wisconsin Law School Contracts Conference, Oct. 13-15, 2000.

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