Steven P. Croley
- 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 ...
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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 number of filters to prevent or discourage undesirable cases from entering the civil litigation system altogether, again in the interest of lowering litigation costs. These reforms include tightening rules and procedures aiming at frivolous cases and increasing the potential use of sanctions, as well as mechanisms to provide advice to self-represented (pro se) individuals.Less
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 number of filters to prevent or discourage undesirable cases from entering the civil litigation system altogether, again in the interest of lowering litigation costs. These reforms include tightening rules and procedures aiming at frivolous cases and increasing the potential use of sanctions, as well as mechanisms to provide advice to self-represented (pro se) individuals.
Sandra F. Sperino and Suja A. Thomas
- Published in print:
- 2017
- Published Online:
- May 2017
- ISBN:
- 9780190278380
- eISBN:
- 9780190682279
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190278380.003.0008
- Subject:
- Political Science, American Politics
The structure of discrimination law, with its many pro-employer inferences and rules, pushes cases toward dismissal. In this chapter, we explore what we call the “fakers and floodgates” argument—the ...
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The structure of discrimination law, with its many pro-employer inferences and rules, pushes cases toward dismissal. In this chapter, we explore what we call the “fakers and floodgates” argument—the idea that judges must curtail the reach of discrimination law because the federal court system is flooded with unmeritorious employment discrimination suits. It is important that concerns about fakers and floodgates be taken seriously. If fake claims were flooding the federal docket, this would be a significant problem. However, the fakers and floodgates argument is unproven and therefore should not support change to discrimination law. No data shows that the courts are flooded with false claims. If false claims exist, the courts already have an effective way to ameliorate them: they can punish litigants who make false claims. Nonetheless, the “fakers and floodgates” argument plays a powerful role in modern discrimination law.Less
The structure of discrimination law, with its many pro-employer inferences and rules, pushes cases toward dismissal. In this chapter, we explore what we call the “fakers and floodgates” argument—the idea that judges must curtail the reach of discrimination law because the federal court system is flooded with unmeritorious employment discrimination suits. It is important that concerns about fakers and floodgates be taken seriously. If fake claims were flooding the federal docket, this would be a significant problem. However, the fakers and floodgates argument is unproven and therefore should not support change to discrimination law. No data shows that the courts are flooded with false claims. If false claims exist, the courts already have an effective way to ameliorate them: they can punish litigants who make false claims. Nonetheless, the “fakers and floodgates” argument plays a powerful role in modern discrimination law.
