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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


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


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


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


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


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