Law Commons^™

Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel

Scholarly Works

Many scholars of the dispute resolution system perceive a sea change in attitudes toward adjudication that took place in the mid-1970s. Among the events of the time included the Pound Conference, which put the Chief Justice of the United States and the national judicial establishment on record in favor of at least some refinement, if not restriction, on access to courts. In addition, Chief Justice Burger, the driving force behind the Pound Conference, also used his bully pulpit as Chief Justice of the Supreme Court to promote ADR, particularly court-annexed arbitration. The availability of judicial adjuncts such as court-annexed arbitration …

Summary Adjudication In United States Civil Procedure, Mary J. Davis

Law Faculty Scholarly Articles

This article uses one of the high profile mass tort cases of recent decades, the complex silicone gel-filled breast implant products liability litigation, to evaluate summary adjudication measures. Recognizing that not all claims filed are complex tort claims (just the most interesting ones), where commercial claims present the opportunity for use of summary proceedings, those will be discussed as well, particularly regarding mechanisms by which security for a creditor-plaintiffs claim can be obtained prior to a favorable verdict.

While preparing this Report, it became clear that the author has a particular view of what constitutes a "summary adjudication" procedure, but …