Jump to ContentJump to Main Navigation

You are looking at 1-10 of 13 items

  • Keywords: litigation costs x
Clear All Modify Search

View:

Discouraging Over-Litigation

Steven P. Croley

in Civil Justice Reconsidered: Toward a Less Costly, More Accessible Litigation System

Published in print:
2017
Published Online:
January 2018
ISBN:
9781479855001
eISBN:
9781479881581
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479855001.003.0009
Subject:
Law, Legal Profession and Ethics

This chapter addresses the distinct problem of over-litigation, defined as pressing a good-faith claim or defense even after it has been shown, through the litigation process, to be weak. This ... More


Features of a Well-Working Civil Litigation System: A Framework

Steven P. Croley

in Civil Justice Reconsidered: Toward a Less Costly, More Accessible Litigation System

Published in print:
2017
Published Online:
January 2018
ISBN:
9781479855001
eISBN:
9781479881581
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479855001.003.0004
Subject:
Law, Legal Profession and Ethics

This chapter provides an analytical and normative framework for evaluating the civil litigation system as well as for understanding existing critiques of the system. It argues that civil justice ... More


Providing Cheaper Paths to Court

Steven P. Croley

in Civil Justice Reconsidered: Toward a Less Costly, More Accessible Litigation System

Published in print:
2017
Published Online:
January 2018
ISBN:
9781479855001
eISBN:
9781479881581
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479855001.003.0010
Subject:
Law, Legal Profession and Ethics

This chapter focuses on reforms that seek to make litigation more accessible by lowering its "price." After explaining the promises and limits of familiar alternatives to traditional litigation, such ... More


Real Threats to Civil Justice

Steven P. Croley

in Civil Justice Reconsidered: Toward a Less Costly, More Accessible Litigation System

Published in print:
2017
Published Online:
January 2018
ISBN:
9781479855001
eISBN:
9781479881581
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479855001.003.0007
Subject:
Law, Legal Profession and Ethics

Having rejected the most influential critique of civil litigation in the previous chapter, this chapter argues that a lack of access to the courts constitutes a bigger threat to civil justice. Given ... More


The American Illness: Essays on the Rule of Law

F. H. Buckley (ed.)

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.001.0001
Subject:
Political Science, American Politics

This book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country's long ... More


Conclusion: In Pursuit of Civil Justice

Steven P. Croley

in Civil Justice Reconsidered: Toward a Less Costly, More Accessible Litigation System

Published in print:
2017
Published Online:
January 2018
ISBN:
9781479855001
eISBN:
9781479881581
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479855001.003.0012
Subject:
Law, Legal Profession and Ethics

The conclusion of the book wraps up by reiterating overarching themes. It observes again that the influential critique of the civil litigation system, while not compelling, rightly emphasizes the ... More


Litigation, Cost, Funding, and the Future

John Sorabji and Robert Musgrove

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter examines litigation funding. It addresses how litigation is funded, especially where litigation costs are often disproportionate to the amounts or issues at stake, who funds it, to what ... More


Reducing Undesirable Cases

Steven P. Croley

in Civil Justice Reconsidered: Toward a Less Costly, More Accessible Litigation System

Published in print:
2017
Published Online:
January 2018
ISBN:
9781479855001
eISBN:
9781479881581
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479855001.003.0008
Subject:
Law, Legal Profession and Ethics

This chapter marks the first of four reform chapters, taking up the issue of undesirable cases, which are those that should never be brought in the first place. The chapter accordingly proposes a ... More


Civil Justice Reconsidered: Toward a Less Costly, More Accessible Litigation System

Steven P. Croley

Published in print:
2017
Published Online:
January 2018
ISBN:
9781479855001
eISBN:
9781479881581
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479855001.001.0001
Subject:
Law, Legal Profession and Ethics

This book seeks to provide a fresh perspective on a familiar subject: civil litigation. It begins by providing an overview of civil litigation, explaining its benefits, and then identifying the ... More


Introduction

Steven P. Croley

in Civil Justice Reconsidered: Toward a Less Costly, More Accessible Litigation System

Published in print:
2017
Published Online:
January 2018
ISBN:
9781479855001
eISBN:
9781479881581
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479855001.003.0001
Subject:
Law, Legal Profession and Ethics

The introduction presents the rationale and structure of the book. This book focuses litigation and litigation reform proposals, as opposed to liability reform (i.e., reform of the underlying ... More


View: