Document Type
Article
Publication Title
Cardozo Law Review
Abstract
Lawyers are the focal point of the Judge’s Articles. But lawyers are not the only players on the litigation field, and I believe the dialogue should go beyond their behavior. To have a clearer picture of the cost-and-delay narrative, a wide-angle perspective rather than a telephoto view is necessary. What follows is an attempt to chronicle some of the legislative, judicial, and rulemaking procedural developments of the past half-century, as well as the influences of our complicated federalism. These are the tools that practicing lawyers use; I believe these developments are, at least in part, the by-products of the narrative and have contributed to the problem of unnecessary cost and delay. I caution the reader that what I have written is impressionistic at points and personal (with a few asides tucked into parentheses).
First Page
57
Volume
40
Publication Date
2018
Recommended Citation
Miller, Arthur R., "Widening the Lens: Refocusing the Litigation Cost-and-Delay Narrative" (2018). Faculty Articles. 766.
https://gretchen.law.nyu.edu/fac-articles/766
