29 Pages Posted: 16 Sep 2016
Date Written: September 15, 2016
During the last half-century, the latitude accorded the American lawyer has increasingly been reined in by American judges. Although there has been resistance to this trend, it shows no signs of abating. This paper attempts to portray the background and evolution of this trend. It begins with a very general sketch of the role of attorneys in U.S. society and government, and then examines the procedural features of American litigation until the mid-twentieth century, which placed primary emphasis on the lawyers. It then explains how both procedural changes and substantive shifts prompted increased judicial supervision, which came to be known as managerial judging. It concludes by reviewing American objections to these shifts.
Suggested Citation: Suggested Citation
Marcus, Richard, Reining in the American Litigator: The New Role of American Judges (September 15, 2016). Hastings International and Comparative Law Review, Vol. 27, 2003; UC Hastings Research Paper No. 189. Available at SSRN: https://ssrn.com/abstract=2839505