Abstract
As a general matter, history has not been very kind to losers. In the turmoil of the Middle Ages, loss on the battlefield could also mean the looting of one's property, the sacking of one's home, and potentially even the assault of one's spouse. The nineteenth century was the era of "to the victors belong the spoils," meaning that an electoral win allowed the prevailing political party a complete monopoly on political appointments and government contracts to the exclusion of the loyal opposition. Even today, professional athletes would sooner face anonymity than defeat on the playing field, living by the maxim that "winning isn't everything; it's the only thing." And no less of an authority than the Swedish pop sensations ABBA have told us that, in matters of love, "the winner takes it all." Winners get the best of everything in our culture, often at the expense of the losers. Just ask Gore.
Recommended Citation
John R. Schleppenback,
Winning the Battle but Losing the War: Towards a More Consistent Approach to Prevailing Party Fee Shifting in the Contractural Context,
12
Fla. A&M U. L. Rev.
185
(2017).
Available at:
https://commons.law.famu.edu/famulawreview/vol12/iss2/3
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