Induced Litigation

Abstract

If "justice delayed" is "justice denied,"justice is often denied in American courts. Delay in the courts is a "ceaseless and unremitting problem of modem civil justice" that "has an irreparable effect on both plaintiffs and defendants." To combat this seemingly intractable problem, judges and court administrators routinely clamor for additional judicial resources to enable them to manage their dockets more "effectively and efficiently." By building new courthouses and adding new judgeships, a court should be able to manage its caseload more efficiently. Trial judges should be able to hold motion hearings, host settlement conferences, and conduct trials in a timely fashion; appellate judges should be able to review briefs, hear oral arguments, and issue opinions expeditiously; and the crippling delay that often hobbles litigants and lawyers should give way to the speedy (or at least speedier) resolution of disputes.