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Race you to court: A legal whiteness critique of third-party litigation funding
Graduate Thesis/Dissertation   Open access

Race you to court: A legal whiteness critique of third-party litigation funding

Anna Margaret Snow
~ Bachelor of Laws with Honours - LLB (Hons), University of Otago
2023
Handle:
https://hdl.handle.net/10523/47083
Appears in  Dissertations

Abstract

Law Third-party litigation funding justice access to justice racism whiteness Otago Yearbook of Legal Research
Third-party litigation funding (TPLF), or the funding of litigation by a third-party unrelated to the proceedings, may not appear to be teaming with racial consequences, ripe for a racial critique. Rather, the debate around TPLF predominantly focuses on ethical dimensions of commodifying justice versus improving access to civil justice.2 Notably absent from the existing literature, however, is an exploration of its potential racial implications. This dissertation does not comment on the value or lack thereof of TPLF as a legal arrangement. Instead, it aims to enrich the ongoing debate by highlighting the previously unexplored racial implications of TPLF. I ask, is TPLF racially charged, specifically in terms of reproducing and reconstructing whiteness as a dominant construct?
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