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The New Criminal Justice Thinking Edited by SHARON DOLOVICH and ALEXANDRA NATAPOFF A vital collection for reforming criminal justice

Civil Justice Reconsidered Toward a Less Costly, More Accessible Litigation System STEVEN P. CROLEY

CIVIL J U STICE RECONSIDERED

Toward a Less Costly, More Accessible Civil Litigation System

After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone. SHARON DOLOVICH is Professor of Law at the UCLA School of Law and Director of the UCLA Prison Law & Policy Program. ALEXANDRA NATAPOFF is Professor of Law and Associate Dean for Research at Loyola Law School, Los Angeles and a 2016 Guggenheim Fellow.

MARCH 2017 368 PAGES • 6 black & white illustrations CLOTH • 978-1-4798-3154-8 • $45.00S (£37.00) CRIMINOLOGY • LAW WWW.NYUPRESS.ORG

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Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs

Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to those who can answer the call for reforming civil litigation in the United States. STEVEN P. CROLEY served in President Obama’s Administration on the Domestic Policy Council, as Deputy White House Counsel in the Office of White House Counsel, and as the General Counsel of the U.S. Department of Energy.

AUGUST 2017 304 PAGES • 9 black & white illustrations CLOTH • 978-1-4798-5500-1 • $55.00S (£45.00) LAW SPR I NG 2017 • NY U PRESS

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NYU Press Spring 2017