Abstract

http://ssrn.com/abstract=2306769
 


 



Unspoken Truths and Misaligned Interests: Political Parties and the Two Cultures of Civil Litigation


Stephen C. Yeazell


University of California, Los Angeles (UCLA) - School of Law

August 6, 2013

60 UCLA Law Review, 2013
UCLA School of Law Research Paper No. 13-25

Abstract:     
During the last four decades the United States has witnessed first the emergence and then the disappearance of civil litigation as a topic of partisan debate in national politics. Following two centuries in which neither party thought the topic worth mention, in the last decades of the twentieth and first of the twenty-first century, both parties made it part of their agendas. Republican candidates and presidents denounced litigation as a blight; Democratic candidates and presidents embraced it as a panacea. This Essay traces the emergence of this issue, the apparent oddness of the two parties’ stances toward civil litigation, and the ways in which both parties chose to ignore salient characteristics of modern civil litigation — the unspoken truths of my title. Finally, I’ll tentatively suggest some reasons for the disappearance of this issue — at least temporarily — from the political scene.

Number of Pages in PDF File: 47

Keywords: civil litigation, partisan debate on civil litigation, history of civil litigation

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Date posted: August 7, 2013  

Suggested Citation

Yeazell, Stephen C., Unspoken Truths and Misaligned Interests: Political Parties and the Two Cultures of Civil Litigation (August 6, 2013). 60 UCLA Law Review, 2013; UCLA School of Law Research Paper No. 13-25. Available at SSRN: http://ssrn.com/abstract=2306769

Contact Information

Stephen Yeazell (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
405 Hilgard Avenue
Box 951476 P.O. Box 951476
Los Angeles, CA 90095-1476
United States
310-825-8404 (Phone)
310-206-0158 (Fax)
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