In this Article, Professor Johnston analyzes the Civil Justice Reform Act of 1990 and its requirement that every United States District Court direct substantial resources toward reducing delay in the courts. He discusses the Civil Justice Reform Act in the context of a tradition of reform efforts directed at reducing delay, and considers how it shapes our understanding of delay, and ultimately, procedural justice. Professor Johnston questions the utility of using the speed of case processing as a gauge of procedural justice, and criticizes the limited model of procedural justice promoted by the Act and other similar efforts of delay reduction. Professor Johnston concludes that such reform efforts are dangerous because of their effect of narrowing our concerns for and understanding of procedural justice.
Civil Justice Reform: Juggling Between Politics and Perfection,
62 Fordham L. Rev. 833
Available at: http://ir.lawnet.fordham.edu/flr/vol62/iss4/2