“Our second observation relates to what has been called the ‘institutional litigant.’ There are organized groups, such as labour unions or trade associations, that have a continuing interest in the development of the common law. A group of this sort may take a case to litigation, not so much for the sake of a determination of the case itself, but for the purpose of bringing about a change in the law or of defending an existing rule against a change sought by some other group. When such groups are involved, the usual arguments against prospective changes in the law through judicial decisions lose much of their force. Indeed, when the litigants have this sort of long-term interest, a judicial proceeding may take on, with the assent of all involved, something of the nature of a legislative hearing.” Lon L. Fuller, Anatomy of the Law 163 (1968).
institutional litigant
institutional litigant. An organized group that brings lawsuits not merely to win but also to bring about a change in the law or to defend an existing law.
