U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

LITIGATION IN THE FEDERAL COURTS - A COMPARATIVE PERSPECTIVE (FROM AMERICAN COURT SYSTEMS - READINGS IN JUDICIAL PROCESS AND BEHAVIOR, 1978, BY SHELDON GOLDMAN AND AUSTIN SARAT - SEE NCJ-55128)

NCJ Number
55130
Author(s)
J B GROSSMAN; A SARAT
Date Published
1978
Length
11 pages
Annotation
LONGITUDINAL DATA ON LAWYER-POPULATION RATIOS, CIVIL CASE FILINGS IN FEDERAL COURTS, AND SOCIOECONOMIC INDICATORS ARE EXAMINED IN A STUDY OF SOCIAL, POLITICAL, AND ECONOMIC INFLUENCES ON LITIGATION.
Abstract
IT IS HYPOTHESIZED THAT IN THE 20TH CENTURY THERE HAS BEEN AN INCREASE IN THE LEVEL OF LEGAL ACTIVITY GREATER THAN WOULD BE EXPECTED FROM POPULATION GROWTH ALONE, AND THAT THE PACE OF LEGAL ACTIVITY HAS BEEN AFFECTED BY INCREASING ECONOMIC AND SOCIAL COMPLEXITY. THE FOLLOWING DATA ARE ANALYZED: (1) LAWYER-POPULATION RATIOS, AT THE STATE AND NATIONAL LEVELS, FROM 1900 TO 1970 (THE MEASURE OF LEGAL ACTIVITY); (2) FEDERAL (DISTRICT COURT) CIVIL CASE FILING-POPULATION RATIOS FOR STATES FROM 1902 TO 1972 (LITIGATION RATES); AND (3) INDICATORS OF LEVELS OF INDUSTRIALIZATION AND POLITICAL CULTURE FROM 1890 TO 1970. LITTLE SUPPORT FOR THE HYPOTHESIS IS FOUND. ONLY IN HIGHLY INDUSTRIALIZED STATES HAVE BOTH LEGAL ACTIVITY AND LITIGATION INCREASED OVER TIME. IN OTHER STATES THERE HAS BEEN A DECLINE IN LEGAL ACTIVITY AND AN INCREASE IN LITIGATION. THE MOST INDUSTRIALIZED AND ECONOMICALLY DEVELOPED STATES HAVE EXPERIENCED MORE RAPID GROWTH IN LEGAL ACTIVITY BUT NOT IN LITIGATION. LESS INDUSTRIALIZED STATES APPEAR TO BE SOMEWHAT MORE LITIGOUS. NO SIGNIFICANT CORRELATIONS ARE FOUND BETWEEN POLITICAL CULTURE MEASURES (INTERPARTY COMPETITION AND TURNOUT AT GUBERNATORIAL ELECTIONS) AND EITHER LEGAL ACTIVITY OR LITIGATION. IMPLICATIONS OF THE COUNTERINTUITIVE NATURE OF THE FINDINGS ARE CONSIDERED, TOGETHER WITH POSSIBLE EXPLANATIONS FOR THE FINDING THAT LEGAL ACTIVITY, BUT NOT LITIGATION, HAS DECLINED IN MOST PARTS OF THE COUNTRY. SUPPORTING DATA ARE INCLUDED. (LKM)

Downloads

No download available

Availability