NCJ Number
106439
Journal
Missouri Journal of Dispute Resolution Volume: 1986 Dated: (1986) Pages: 87-108
Date Published
1986
Length
22 pages
Annotation
It is impossible to compare current rates of litigation in the United States with those in the remote past, but it is clear that the rates of civil litigation have increased sharply in recent years.
Abstract
Thus, Marc Galanter, head of the Law and Society Association, is incorrect to assert that the 'litigation explosion' is a myth. The basic premise of the literature on the litigation explosion is that Americans take too many disputes to courts. Much of the evidence presented to support this assertion is of questionable quality. Galanter has criticized this literature for its careless scholarship. However, Galanter's interpretation of specific data is misleading. Data collected by Grossman and Sarat on the Federal District Courts and by the National Center for State Courts on the State courts show clearly how civil litigation has increased in recent years. The increase has occurred since about 1970 in the Federal district courts and since at least the middle 1970's in State trial courts. However, the reasons for the increases in the case filings are not yet understood. Data tables and 107 footnotes.