Illegitimacy, Inefficiency, and Disrespect
A Call for Reforming the Causes of Action for Misuse of Legal Process
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In Illegitimacy, Inefficiency, and Disrespect: A Call for Reforming the Causes of Action for Misuse of Legal Process, Robert B. Shepherd, Jr. throughly examines the misuse of process common law torts and compares their effectivness to alternative methods states could adopt to curb frivolous litigation. Shepherd argues that frivolous lawsuitsvastly undermine the authority and legitimacy of the courts and the legal profession and argues that common law tort claims do little to mitigate this damage. Instead, jurisdictions must proceed primarily against the attorneys who represent plaintiffs in th...
In Illegitimacy, Inefficiency, and Disrespect: A Call for Reforming the Causes of Action for Misuse of Legal Process, Robert B. Shepherd, Jr. throughly examines the misuse of process common law torts and compares their effectivness to alternative methods states could adopt to curb frivolous litigation. Shepherd argues that frivolous lawsuitsvastly undermine the authority and legitimacy of the courts and the legal profession and argues that common law tort claims do little to mitigate this damage. Instead, jurisdictions must proceed primarily against the attorneys who represent plaintiffs in these frivolous cases. Shepherd presents two methods of doing so- one which utilizes judicial sanctions and another the bar ethics committees- and addresses the pros and cons of each approach.
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