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Justice Delayed?: An Empirical Analysis Of Civil Case Disposition Time, Michael Heise
Justice Delayed?: An Empirical Analysis Of Civil Case Disposition Time, Michael Heise
Cornell Law Faculty Publications
This Article addresses the need to understand better our civil justice system by exploring possible determinants of disposition time for civil cases that reach a jury trial. This study uses one year of civil jury case outcomes from 45 of the nation's 75 most populous counties and identifies locale as one important variable, along with certain case types, results, and characteristics. An empirically moored understanding of the causes of case disposition time will assist public policy and reform efforts that seek to make civil justice speedier and, as a consequence, more inexpensive and just. Findings from this study call into …
Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias
Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias
Law Faculty Publications
One decade ago, Congress undertook an ambitious, controversial effort to reduce expense and delay in the federal civil justice system. The Civil Justice Reform Act ("CJRA") of 1990 instituted unprecedented nationwide experimentation by requiring that all ninety-four federal district courts scrutinize their civil and criminal dockets and then promulgate and apply numerous procedures which district judges believed would save cost and time in civil litigation. Congress also prescribed rigorous assessment of the six principles, guidelines, and techniques of litigation management and expense and delay reduction that federal districts in fact adopted and enforced. Lawmakers provided for an expert, independent evaluator …