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Civil Justice Reform in the United States—Opportunity for Learning from ‘Civilized’ European Procedure Instead of Continued Isolation?

Civil Justice Reform in the United States—Opportunity for Learning from ‘Civilized’ European... ERNST C. STIEFEL & JAME S R. MAXEINER Civil Justice Reform in the United States— Opportunity for Learning from 'Civilized' European Procedur e Instead of Continued Isolation? European jurist s have long urge d tha t their American colleagues consider using continental approaches in dealing with the serious problems tha t afflict the American system of civil justice . A few year s back, our colleague Kotz noted that "If there is a desire to reform American civil procedure, either by making changes within the ad­ versary system or by developing alternative methods of disput e reso­ lution, th e Continental experience may be well worth studying." Today, agitation for civil justic e reform in th e Unite d States is a t a level not seen in a very long time. Moreover, unlike previous peri­ ods of reform, proponents of reform have no clear direction. Thus to­ day there could be an opportunity for Americans to learn from European experiences such as the y have not before. I n thi s article, we report on presen t an d pas t efforts a t civil justic e reform in th e United States and assess the opportunities for http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Civil Justice Reform in the United States—Opportunity for Learning from ‘Civilized’ European Procedure Instead of Continued Isolation?

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Publisher
Oxford University Press
Copyright
© 1994 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840730
Publisher site
See Article on Publisher Site

Abstract

ERNST C. STIEFEL & JAME S R. MAXEINER Civil Justice Reform in the United States— Opportunity for Learning from 'Civilized' European Procedur e Instead of Continued Isolation? European jurist s have long urge d tha t their American colleagues consider using continental approaches in dealing with the serious problems tha t afflict the American system of civil justice . A few year s back, our colleague Kotz noted that "If there is a desire to reform American civil procedure, either by making changes within the ad­ versary system or by developing alternative methods of disput e reso­ lution, th e Continental experience may be well worth studying." Today, agitation for civil justic e reform in th e Unite d States is a t a level not seen in a very long time. Moreover, unlike previous peri­ ods of reform, proponents of reform have no clear direction. Thus to­ day there could be an opportunity for Americans to learn from European experiences such as the y have not before. I n thi s article, we report on presen t an d pas t efforts a t civil justic e reform in th e United States and assess the opportunities for

Journal

American Journal of Comparative LawOxford University Press

Published: Jan 1, 1994

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