TY - JOUR
AU - Schwarzer, William W
AB - WILLIAM W SCHWARZER Professors Burbank and Silberman have given us a superb tour d'horizon of the status of civil justice reform in the United States. While I would neither add to nor subtract from it, I suggest that a reader should be aware of some issues tha t lurk beneath the surface of th e reform process. Whether what lurks beneath turns out to be rocks on which the process will flounder or only markers that form th e channel for progress remains to be seen. I address four issues briefly. I. FEDERALISM The paper focuses on reform in the federal courts. That is not inappropriate since historically the federal courts have been th e lead dog on the sled of reform. One should have in mind, however, that some 98% of all civil litigation in th e United States takes place in th e state courts. And state court systems tend to look less to the federal courts for leadership in reform now tha n they did in the past. The reason is tha t civil justic e reform has become politicized and conten­ tious. There was a time when th e federal rules were drafted and re­ 
TI - Comment on Burbank and Silberman
JF - The American Journal of Comparative Law
DO - 10.2307/841012
DA - 1997-10-01
UR - https://www.deepdyve.com/lp/oxford-university-press/comment-on-burbank-and-silberman-04egCn1VDm
SP - 705
EP - 708
VL - 45
IS - 4
DP - DeepDyve
ER -