Just, Speedy, and Inexpensive. An Evaluation of Judicial Case Management Underthe Civil Justice Reform Act

摘要

The Civil Justice Reform Act (CJRA) of 1990 is rooted in more than a decade ofconcern that cases in federal courts take too long and cost litigants too much. As a consequence, proponents of reform argue, some litigants are denied access to justice and many litigants incur inappropriate burdens when they turn to the courts for assistance in resolving disputes. In the late 1980s, several groups, including the Federal Courts Study Committee and the Council on Competitiveness, began formulating reform proposals. One of these-the Task Force on Civil Justice Reform, which was initiated by Senator Joseph Biden and convened by The Brookings Institution-produced a set of recommendations that ultimately led to legislation. The task force comprised leading litigators from the plaintiffs' and defense bar, civil and women's rights lawyers, attorneys representing consumer and environmental organizations, representatives of the insurance industry, general counsels of major corporations, former judges, and law professors.