front cover of The Common Flaw
The Common Flaw
Needless Complexity in the Courts and 50 Ways to Reduce It
Thomas G. Moukawsher
Brandeis University Press, 2023
A sitting judge makes the compelling argument that we should simplify lawsuits to create a more humane and accessible legal system.
 
Americans are losing faith in their courts. After long delays, judges often get rid of cases for technical reasons, or force litigants to settle rather than issue a decision. When they do decide cases, we can't understand why.
 
The Common Flaw seeks to rid the American lawsuit of this needless complexity. The book proposes fifty changes from the filing of a complaint in court to the drafting of appellate decisions to replace the legal system’s formalism with a kind of humanism. Thomas G. Moukawsher calls for courts that decide cases promptly based more on the facts than the law, that prioritize the parties involved over lawyers, that consider the consequences for the people and the public, and that use words we can all understand. Sure to spark an important conversation about court reform, The Common Flaw makes the case for a more effective and credible legal system with warmth and humor, incorporating cartoons alongside insightful reflection.
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front cover of Reimagining Courts
Reimagining Courts
A Design for the Twenty-First Century
Victor E Flango
Temple University Press, 2017
In their timely and topical book, Reimagining Courts, Victor Flango and Thomas Clarke argue that courts are a victim of their own success. Disputes that once were resolved either informally in the family or within the community are now handled mainly by courts, which strains government agency resources. The authors offer provocative suggestions for a thorough overhaul of American state and local courts, one that better fits the needs of a twenty-first century legal system.
 
Reimagining Courts recommends a triage process based upon case characteristics, litigant goals, and resolution processes. Courts must fundamentally reorganize their business processes around the concept of the litigant as a customer.  Each adjudication process that the authors propose requires a different case management process and different amounts of judicial, staff, and facility resources. 
 
Reimagining Courts should spark much-needed debate. This book will be of significant interest to lawyers, judges, and professionals in the court system as well as to scholars in public administration and political science.   
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