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I. Introduction: Empirical Studies of Procedure in Service to Which Procedural Values? I. Introduction: Empirical Studies of Procedure in Service to Which Procedural Values?
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II. A Brief History of Empirical Research in Process and Procedure: Law Reform, Career Capital, or Academic Interest? II. A Brief History of Empirical Research in Process and Procedure: Law Reform, Career Capital, or Academic Interest?
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III. Procedural Policy Controversies and Data: A Few Examples III. Procedural Policy Controversies and Data: A Few Examples
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A. Cost and delay? How much litigation is optimal? A. Cost and delay? How much litigation is optimal?
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B. Increasingly adversarial procedure and practice? B. Increasingly adversarial procedure and practice?
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C. Discovery and disclosure—too much, not enough? C. Discovery and disclosure—too much, not enough?
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D. Uniformity and neutrality or case type variations in rules? D. Uniformity and neutrality or case type variations in rules?
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E. Case management, alternative dispute resolution, and litigation reform E. Case management, alternative dispute resolution, and litigation reform
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IV. Toward a Socio-legal Jurisprudence of Process, Procedure, and Courts IV. Toward a Socio-legal Jurisprudence of Process, Procedure, and Courts
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References References
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29 Civil Procedure and Courts
Get accessCarrie J. Menkel-Meadow is AB Chettle, Jr. Professor of Dispute Resolution and Civil Procedure at Georgetown University Law Center, and Chancellor's Professor of Law at the University of California, Irvine.
Bryant G. Garth, Distinguished Professor of Law, University of California, Irvine
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Published:18 September 2012
Cite
Abstract
Courts play a central role in legal and political processes in many countries in the common law world. Legal actors have a stake in making sure that legal processes and procedures are perceived as legitimate, both by the general population and professionals. Civil procedure, in both common law and civilian legal systems, has been historically known for its complexity. This article presents a body of empirical research about courts and procedural rules, and their role in different societies. It also analyzes research and states how it has been used in policy debates and reforms. In addition, it discusses the question of the demand and supply for empirical research about rules of procedure and courts, and explores the difficulty of carrying out empirical research that goes beyond a focus on the institutional needs of the courts themselves and the reformers interested in their own court-reform agendas.
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