Rethinking Case Management and the Process of Civil Justice Reform

Rethinking Case Management and the Process of Civil Justice Reform
Author:
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

Despite the wide acknowledgment that the American civil justice system has room for improvement in both its fairness and its efficiency, there is not really a culture of experimentation and incremental reform. Yet the case for reform is strong. Around 30 judges, scholars, and other observers of the civil justice system gathered in Santa Monica, California, in November 2021 for the UCLA-RAND Center for Law and Public Policy-sponsored "Rethinking Civil Case Management" conference to discuss how and whether the American civil justice system might develop a stronger culture of experimentation and reform. The focus was on case management-how judges can institute methods and procedures to shape and channel litigation-but more-general issues of civil justice reform regularly surfaced. This publication summarizes the discussions and presents four pieces of scholarship presented during the conference. The participants brought diverse views to the conference, but there was a palpable consensus that a stronger culture of experimentation and reform was a worthwhile and attainable goal. The key to such efforts, it was generally agreed, is close collaboration between teams of judges and scholars to identify worthy innovations to study, to develop good data sources (that can, preferably, be widely shared), to use methodologies that are in some way experimental rather than just observational, and to "evangelize" results. Strong working relationships between judges and scholars make it more likely that judges will seriously pursue the goals of particular reforms and that scholars will correctly understand and interpret the data they are gathering.

Just, Speedy, and Inexpensive?

Just, Speedy, and Inexpensive?
Author: James S. Kakalik
Publisher:
Total Pages: 32
Release: 2000
Genre: Court congestion and delay
ISBN:

The Judicial Conference and the Administrative Office of the U.S. Courts asked RAND's Institute for Civil Justice to evaluate the implementation of the Civil Justice Reform Act in ten pilot districts. The study found that (1) the CJRA pilot program as implemented, had little effect on time to disposition, litigation costs, and attorney satisfaction and views of the fairness of case management; (2) judges' actions matter: early judicial case management sharply reduced time to disposition but is associated with significantly increased costs to litigants, but shortened time to discovery cutoff is associated with significantly decreased attorney work hours; (3) if early case management and early setting of the trial schedule are combined with shortened discovery, the increase in costs associated with the former can be offset by the decrease associated with the latter. The study also notes that since adoption of the CJRA, the total number of cases pending more than three years has dropped by about 25 percent from its pre-CJRA level.

Just, Speedy, and Inexpensive?

Just, Speedy, and Inexpensive?
Author: James S. Kakalik
Publisher: RAND Corporation
Total Pages: 0
Release: 1996
Genre: Law
ISBN: 9780833024725

Culmination of five-year study of effects of Civil Justice Reform Act of 1990.

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies
Author: Yin, Elijah Tukwariba
Publisher: IGI Global
Total Pages: 265
Release: 2021-06-18
Genre: Law
ISBN: 1799878996

The civil justice system is characterized by a distinct dispute resolution and law enforcement functions, although these functions are not always explicit and their relationship can be vague. People normally turn to this legal system to address an “unjust" situation they encounter. This makes civil justice both socially and economically important, as it may be driven by efficiency or access to justice concerns. The literature suggests that law reform has an uninspiring record in this field. This is because it has, largely, not been considered with a detailed, empirically informed evaluation of proposed solutions. This legal system is complex, and research in this field is correspondingly challenging, interesting, and important. Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies provides significant empirical research findings as well as theoretical reviews and frameworks on a wide array of issues within civil justice and the legal system. This includes topic areas such as access to justice and legal representation, the challenges to developing civil justice, courts and procedures, and civil justice reform. This book is valuable for lawyers, human rights lawyers, court officials, psychologists, social workers, sociologists, consultants, professionals, academicians, students, and researchers working in the field of law, socio-legal studies, sociology, anthropology, political science, social work, social policy, economics, and criminal justice, along with anyone seeking updated information on the current reforms and challenges within the civil justice and legal systems.

Implementation of the Civil Justice Reform Act in Pilot and Comparison Districts

Implementation of the Civil Justice Reform Act in Pilot and Comparison Districts
Author: James S. Kakalik
Publisher: Rand Corporation
Total Pages: 263
Release: 1996
Genre: Political Science
ISBN: 9780833024558

The Civil Justice Reform Act of 1990 (CJRA) required each federal district court to develop a case management plan to reduce costs and delay. The legislation also created a pilot program to test six principles of case management, and required an independent evaluation to assess their effects. This report is one of four documents describing the evaluation, which was conducted by RAND's Institute for Civil Justice. The report traces the stages in the CJRA implementation: the recommendations of the advisory groups, the plans adopted by the districts, and the plans actually implemented. The study found that all pilot districts complied with the statutory language of the act. But the amount of change varied widely, and in some districts, planned changes were not fully implemented. However, implementing the pilot plans may have heightened the consciousness of judges and lawyers and brought about some important implicit shifts in their approach to case management. See also MR-800-ICJ, MR-802-ICJ, and MR-803-ICJ.