The author analyzes the role of litigation in a pluralistic society through his discussion of the "pluralist's fallacies," seven characteristic errors underlying much opposition to judicial activism. He advocates a large and active role for the adversary process in order to ensure that less established groups have a forum in which to protect their interests.
Laurence H. Tribe,
Seven Pluralist Fallacies: In Defense of the Adversary Process-A Reply to Justice Rehnquist,
33 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol33/iss1/5