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Civil Justice in CrisisComparative Perspectives of Civil Procedure$
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Adrian Zuckerman

Print publication date: 1999

Print ISBN-13: 9780198298335

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298335.001.0001

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Malaise of the Litigation Superpower

Malaise of the Litigation Superpower

Chapter:
(p.70) (p.71) 3 Malaise of the Litigation Superpower
Source:
Civil Justice in Crisis
Author(s):

Richard L. Marcus

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298335.003.0003

America is the litigation superpower, or at least it seems to think it is. It berates itself for having more lawyers, more laws, and more lawsuits than any other place on earth. As a consequence of this self-perception, over the last generation it has periodically flailed itself for these supposed national characteristics. This chapter begins with a basic primer on the relatively elaborate apparatus available for civil litigation in America, and follows that with a sampler of statistical information about American civil litigation. It then provides a somewhat more expansive historical overview of the procedural reform efforts of the past, focusing principally on the procedures used in the US federal courts, as a prelude to profiling problems of the cost of delay and the legal retrenchment that has occurred in recent years. After separate consideration of case management, it closes with some reflections on prospects and portents.

Keywords:   United States, American litigation, legal reform, procedural reform, civil procedure, civil litigation

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