Jump to ContentJump to Main Navigation
Civil Justice in CrisisComparative Perspectives of Civil Procedure$
Users without a subscription are not able to see the full content.

Adrian Zuckerman

Print publication date: 1999

Print ISBN-13: 9780198298335

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298335.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 April 2021

Malaise of the Litigation Superpower

Malaise of the Litigation Superpower

(p.70) (p.71) 3 Malaise of the Litigation Superpower
Civil Justice in Crisis

Richard L. Marcus

Oxford University Press

America is the litigation superpower, or at least it seems to think it is. It berates itself for having more lawyers, more laws, and more lawsuits than any other place on earth. As a consequence of this self-perception, over the last generation it has periodically flailed itself for these supposed national characteristics. This chapter begins with a basic primer on the relatively elaborate apparatus available for civil litigation in America, and follows that with a sampler of statistical information about American civil litigation. It then provides a somewhat more expansive historical overview of the procedural reform efforts of the past, focusing principally on the procedures used in the US federal courts, as a prelude to profiling problems of the cost of delay and the legal retrenchment that has occurred in recent years. After separate consideration of case management, it closes with some reflections on prospects and portents.

Keywords:   United States, American litigation, legal reform, procedural reform, civil procedure, civil litigation

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .