Failing faith: adjudicatory procedure in decline

by Judith Resnik

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This paper, reprinted from The University of Chicago Law Review, v. 53, no. 2, 1986, discusses the changes in federal litigation during the almost fifty years that the Federal Rules of Civil Procedure have been in effect. The paper considers why the drafters of the Rules did what they did, how the Rules in turn helped to create the environment that has given rise to the contemporary criticism of civil litigation, and how they might be revised. The author suggests that any revisions of the Rules ought to be undertaken with the intent of preserving their accomplishments, including ready access to the judicial apparatus.

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