Reining in the American Litigator: The New Role of American Judges

29 Pages Posted: 16 Sep 2016  

Richard Marcus

University of California Hastings College of the Law

Date Written: September 15, 2016

Abstract

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

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

Richard Marcus (Contact Author)

University of California Hastings College of the Law ( email )

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San Francisco, CA 94102
United States
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