Book contents
- Frontmatter
- 1 Law and the State, 1920–2000: Institutional Growth and Structural Change
- 2 Legal Theory And Legal Education, 1920–2000
- 3 The American Legal Profession, 1870–2000
- 4 The Courts, Federalism, and The Federal Constitution, 1920–2000
- 5 The Litigation Revolution
- 6 Criminal Justice in the United States
- 7 Law and Medicine
- 8 The Great Depression and the New Deal
- 9 Labor’s Welfare State: Defining Workers, Constructing Citizens
- 10 Poverty law and income Support: From the Progressive Era to the War on Welfare
- 11 The Rights Revolution in the Twentieth Century
- 12 Race and Rights
- 13 Heterosexuality as a Legal Regime
- 14 Law and the Environment
- 15 Agriculture and the State, 1789–2000
- 16 Law and Economic Change During the Short Twentieth Century
- 17 The Corporate Economy: Ideologies of Regulation and Antitrust, 1920–2000
- 18 Law and Commercial Popular Culture in the Twentieth-Century United States
- 19 Making Law, Making War, Making America
- 20 Law, Lawyers, and Empire
- Bibliographic Essays
- Notes on Contributors
- Index
5 - The Litigation Revolution
Published online by Cambridge University Press: 28 November 2008
- Frontmatter
- 1 Law and the State, 1920–2000: Institutional Growth and Structural Change
- 2 Legal Theory And Legal Education, 1920–2000
- 3 The American Legal Profession, 1870–2000
- 4 The Courts, Federalism, and The Federal Constitution, 1920–2000
- 5 The Litigation Revolution
- 6 Criminal Justice in the United States
- 7 Law and Medicine
- 8 The Great Depression and the New Deal
- 9 Labor’s Welfare State: Defining Workers, Constructing Citizens
- 10 Poverty law and income Support: From the Progressive Era to the War on Welfare
- 11 The Rights Revolution in the Twentieth Century
- 12 Race and Rights
- 13 Heterosexuality as a Legal Regime
- 14 Law and the Environment
- 15 Agriculture and the State, 1789–2000
- 16 Law and Economic Change During the Short Twentieth Century
- 17 The Corporate Economy: Ideologies of Regulation and Antitrust, 1920–2000
- 18 Law and Commercial Popular Culture in the Twentieth-Century United States
- 19 Making Law, Making War, Making America
- 20 Law, Lawyers, and Empire
- Bibliographic Essays
- Notes on Contributors
- Index
Summary
This chapter examines myths and realities in the recent history of litigation in the United States. It looks at the actual figures – how many people are suing, and where are they suing; and are they suing more or suing less than they did in the past? It looks at the differences between federal and state litigation. It looks at litigation qualitatively as well as quantitatively: are the kinds of lawsuit changing, and in what ways? It examines the disputed question of the impact of litigation on society. It also examines alternatives to litigation and their popularity.
Litigation is controversial and has been controversial for more than a century. To say that a person or a society is “litigious” is not complimentary. This is true not only in this society, but in other societies as well. It is an interesting question why this should be the case. After all, the right to a “day in court” is one of the hallmarks of an open, democratic society. Modern societies insist that people must have access to justice (though they often fall far short of this ideal); why then is it considered bad if people take advantage of this right?
- Type
- Chapter
- Information
- The Cambridge History of Law in America , pp. 175 - 194Publisher: Cambridge University PressPrint publication year: 2008