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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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The Unsubstantiated Case for Litigation Reform

The Unsubstantiated Case for Litigation Reform

(p.93) 5 The Unsubstantiated Case for Litigation Reform
Civil Justice Reconsidered

Steven P. Croley

NYU Press

This chapter assesses the influential critique outlined in the previous chapter. It argues that this dominant critique of the civil litigation system has been merely pled and not proven. It shows that the critique trades on anecdotal evidence that is not accurate and not convincing. The analysis here furthermore shows that available data—including data on win-loss ratios, damages across different types of civil cases, and juries—cast serious doubt on its basic premises. The most influential critique of the civil litigation therefore does not bear close scrutiny, and thus its policy reform agenda is not well grounded. This chapter concludes that if the civil litigation system is flawed, it is not so for the reasons the influential critics have articulated.

Keywords:   reform, data, damages, juries, policy

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