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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


Fakers and Floodgates

Sandra F. Sperino and Suja A. Thomas

in Unequal: How America's Courts Undermine Discrimination Law

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 ... More


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