Testing Representational Advantage in the Argentine Supreme Court

Autor: Nelson Amaya Durán, Alejandro Chehtman, Sergio A. Muro, Jorge Silva Méndez
Rok vydání: 2018
Předmět:
Zdroj: Journal of Law and Courts. 6:1-23
ISSN: 2164-6589
2164-6570
DOI: 10.1086/695564
Popis: Even if party capability theory has been well documented, parsing out the reasons why “haves” come out ahead has been challenging. Our study takes advantage of the Argentine Supreme Court’s power to dismiss appeals because they contain formal errors to ascertain the existence of representational advantage. We show that representational advantage plays a significant role, as individual appellants represent a larger proportion of appeals rejected on formal grounds than of those analyzed on their merits. In addition, certain areas of law where asymmetrical capability is prevalent and consistent, particularly labor law, are significantly overrepresented in appeals rejected on formal grounds.
Databáze: OpenAIRE