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Showing papers in "Buffalo Law Review in 1978"



Journal Article
TL;DR: In Utopia, They have no lawyers among them, for they consider them... people whose profession it is to disguise matters as discussed by the authors, a nimosity towards lawyers, perennial in our social history long before Watergate, parallels a contradictory and equally persistent belief in judges as problem-solvers for a variety of personal, economic, educational and political ills.
Abstract: In Utopia, They have no lawyers among them, for they consider them... people whose profession it is to disguise matters. A nimosity towards lawyers, perennial in our social history long before Watergate, parallels a contradictory and equally persistent belief in judges as problem-solvers for a variety of personal, economic, educational and political ills. An increasing number of litigants are bringing to the courts not only the class of disputes that has been the traditional fare of judicial decision-making, but also an array of issues that were formerly resolved in private meetings , at hospitals, in schools, or at home. The causes of this explosion of lawsuits and the possible buffers to an eventual implosion in our judicial system will be discussed below.' The raw data on caseload increases are dramatic but sometimes ambiguous. In 1951, 1,200 new cases were filed in the United States Supreme Court; by 1971, the number had reached 3,600.2 A committee of the Federal Judicial Center, citing this threefold increase, concluded that \"the conditions essential for the performance of the [Supreme] Court's mission do not exist.\" a 1. This article will focus on civil litigation, rather than criminal prosecutions. The latter encompass an array of factors that have no relevance to civil matters, such as the necessity of imposing sentences as a method of deterrence and isolation of offenders.

5 citations