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Article
Reforming Federal Personal Injury Litigation by Incorporation of the Procedural Innovations of Scotland and Ireland: An Analysis and Proposal
Cardozo J. Int'l & Comp. L. (2007)
  • Daniel H. Erskine
Abstract
Federal procedure has embraced the referral of civil cases outside the court system to alternative dispute resolution. This article argues that by utilizing courts to settle cases through civil procedure, courts realize their central role in ensuring the quality of settlements produced through the judicial administration of justice. The purpose of this article is to provide litigants an optional procedure to expeditiously resolve federal personal injury cases. The system proposed in this article incorporates Scottish and Irish civil procedural reforms into a coherent method for judicial officers to declare the settlement value of a personal injury action without referring the case to alternative dispute resolution.
Keywords
  • civil procedure,
  • comparative law,
  • personal injury,
  • federal,
  • scottish,
  • irish
Publication Date
July, 2007
Citation Information
Daniel H. Erskine, Reforming Federal Personal Injury Litigation by Incorporation of the Procedural Innovations of Scotland and Ireland: An Analysis and Proposal, 15 Cardozo J. Int'L & Comp. L. 1 (2007) (Lead Article)