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Civil Justice ReconsideredToward a Less Costly, More Accessible Litigation System$
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Steven P. Croley

Print publication date: 2017

Print ISBN-13: 9781479855001

Published to NYU Press Scholarship Online: January 2018

DOI: 10.18574/nyu/9781479855001.001.0001

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Influential Criticisms of Civil Litigation

Influential Criticisms of Civil Litigation

(p.75) 4 Influential Criticisms of Civil Litigation
Civil Justice Reconsidered

Steven P. Croley

NYU Press

This chapter outlines the most politically influential critique of the civil litigation system, which holds that undeserving plaintiffs frequently prevail—recovering unwarranted damages with harmful social consequences. The chapter explains the tenets of that critique and identifies the reform proposals that accompany it. It furthermore shows how this critique has proven influential, in the sense that important parts of its reform agenda have been adopted by policymakers, including courts, at both the federal and state level.

Keywords:   plaintiff, litigation, reform, damages, policy, courts

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