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Article
The Virtues of Complexity: Judge Marrero’s Systemic Account of Litigation Abuse
Cardozo Law Review (2018)
  • Charles M. Yablon, Benjamin N. Cardozo School of Law
Abstract
This piece is divided into five Parts. The first four will discuss, analyze, and expand on what I consider the four important ways Judge Marrero’s piece adds complexity to our understanding of contemporary litigation practice: (1) the increasing disaggregation of litigation decision-making; (2) the expansion of the conception of what practices constitute litigation abuse; (3) a recognition of the psychological complexity of the motives for litigation tactics; and (4) the disparate ways litigation abuse appears in different types of cases. Then, after a brief interlude to consider what can be learned from the experience of the “rocket dockets” in some federal district courts, the final Part will look at the ways in which Judge Marrero’s more complex understanding of the problems of our contemporary litigation system can point the way to useful improvements.
Keywords
  • litigation,
  • professional responsibility,
  • Federal Rules of Civil Procedure (FRCP)
Disciplines
Publication Date
October, 2018
Citation Information
Charles M. Yablon. "The Virtues of Complexity: Judge Marrero’s Systemic Account of Litigation Abuse" Cardozo Law Review Vol. 40 Iss. 1 (2018) p. 233 - 270
Available at: http://works.bepress.com/charles_yablon/33/