Corpus ID: 54578457

The Upside of Losing

  title={The Upside of Losing},
  author={Ben Depoorter},
  journal={Columbia Law Review},
Conventional understanding in legal reform communities is that time and resources are best directed toward legal disputes that have the highest chance of success and that litigation is to be avoided if it is likely to establish or strengthen unfavorable precedent. Contrary to this accepted wisdom, this Essay analyzes the strategic decisions of litigation entrepreneurs who pursue litigation with the awareness that losing the case can provide substantial benefits. Unfavorable litigation outcomes… Expand
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