Publications

Administration of Justice

Publications are listed in chronological order. Learn more about ICJ's research by visiting the Research Agenda page on Administration of Justice. Additional related publications may be found in the lists of Research Briefs and Executive Summaries.

Improving Dispute Resolution for California's Injured Workers Nicholas M. Pace, Robert T. Reville, Lionel Galway, Amanda B. Geller, Orla Hayden, Laural A. Hill, Christopher Mardesich, Frank W. Neuhauser, Suzanne Polich, Jane Yeom, and Laura Zakaras, MR-1425-ICJ, 2003 (Full Document) Analyzes the causes of delays, high cost, and inconsistency in the California workers' compensation courts.

Analyzing Discovery Management Policies: RAND Sheds New Light on the Civil Justice Reform Act Evaluation Data, James S. Kakalik, RP-714 (originally published in Judges' Journal, v. 37, no. 2, Spring 1998), 2000 (Ordering Information) An evaluation of the CJRA found that early case management predicted significantly reduced time to disposition, especially if coupled with mandatory trial planning, but early management may increase lawyer work hours.

Do We Need an Empirical Research Agenda on Judicial Independence? Deborah R. Hensler, RP-808 (originally published in Southern California Law Review, v. 72, nos. 2-3, January/March 1999), 1999 (Ordering Information) Discusses the need for research on judicial independence for the purpose of learning about the nature of attacks upon independence, evaluating the methods by which judges attain appointment, and, most importantly, understanding the public's attitude and knowledge regarding courts.

Discovery Management: Further Analysis of the Civil Justice Reform Act Evaluation Data James S. Kakalik, Deborah R. Hensler, Daniel McCaffrey, Marian Oshiro, Nicholas M. Pace, Mary E. Vaiana, MR-941, 1998 (Full Document) Uses both descriptive tabulations and statistical techniques to assess policy effects of the Civil Justice Reform Act of 1990 on discovery management techniques in civil cases.

Just, Speedy, and Inexpensive? An Evaluation of Judicial Case Management under the Civil Justice Reform Act: Summary James S. Kakalik, Terence Dunworth, Laural A. Hill, Daniel McCaffrey, Marian Oshiro, Nicholas M. Pace, Mary E. Vaiana, RP-861 (originally published in Dispute Resolution, Systems in Transition, The 1997 Isaac Publado Lectures, 1997), 1997 (Ordering Information) Report of a study requested by the Judicial Conference and the Administrative Office of the U.S. Courts, to evaluate the implementation of the CJRA in ten pilot districts

Just, Speedy, and Inexpensive? James S. Kakalik, RP-635 (originally published in Judicature, v. 80, no. 4, January-February 1997), 1997 (Ordering Information) Summarizes RAND's evaluation of the Civil Justice Reform Act of 1990.

An Evaluation of Judicial Case Management under the Civil Justice Reform Act James S. Kakalik, Terence Dunworth, Laurel Hill, Daniel McCaffrey, Marian Oshiro, Nicholas M. Pace, Mary E. Vaiana, MR-802, 1996 (Ordering Information) Describes the effects of the CJRA case management principles on time to disposition, costs, and participants' satisfaction and views of fairness.

Implementation of the Civil Justice Reform Act in Pilot and Comparison Districts James S. Kakalik, Terence Dunworth, Laurel Hill, Daniel McCaffrey, Marian Oshiro, Nicholas M. Pace, Mary E. Vaiana, MR-801-ICJ, 1996 (Ordering Information) Traces the stages in the CJRA implementation: the recommendations of the advisory groups, the plans adopted by the districts, and the plans actually implemented.

An Evaluation of Mediation and Early Neutral Evaluation under the Civil Justice Reform Act James S. Kakalik, Terence Dunworth, Laurel Hill, Daniel McCaffrey, Marian Oshiro, Nicholas M. Pace, and Mary E. Vaiana, MR-803, 1996 (Ordering Information) Assesses the effects of six different alternative dispute resolution (ADR) programs that included mediation and early neutral evaluation.

Preliminary Observations on Implementation of the Pilot Program of the Civil Justice Reform Act of 1990 Terence Dunworth and James S. Kakalik, RP-361 (originally published in Stanford Law Review, v. 46, no. 6, July 1994), 1994 (Ordering Information) Case-management procedures vary greatly among the various district courts, and one result of the CJRA pilot program has been to increase this variation.

Alternative Dispute Resolution in Trial and Appellate Courts Robert J. MacCoun, E. Allan Lind, and Tom R. Tyler, RP-117 (originally published in Handbook of Psychology and Law, 1992), 1992 (Ordering Information) Reviews the available research on seven major court-administered ADR procedures that appear to be particularly popular and representative of the broader range of alternatives.

Unintended Consequences of Court Arbitration: A Cautionary Tale from New Jersey R. J. MacCoun, RP-134 (originally published in The Justice System Journal, Vol. 14, No. 2, 1991), 1992 (Ordering Information) Arbitration programs are expected to reduce delays and costs by providing a more efficient substitute for trial, but because most disputes are already resolved without adjudication, an arbitration program is likely to divert more cases from settlement than from trial.

Strategies for Reducing Civil Delay in Los Angeles Superior Court: Technical Appendixes James S. Kakalik, Molly Selvin, and Nicholas M. Pace, N-2988, 1990 (Ordering Information) Contains the technical appendixes to R-3762, which presents findings about the causes of civil case delay in the Los Angeles Superior Court and proposes strategies for attacking the problem

Statistical Overview of Civil Litigation in the Federal Courts Terence Dunworth and Nicholas M. Pace, R-3885, 1990 (Ordering Information) Presents a longitudinal study of filing patterns in federal district courts and of the time taken to dispose of cases in those courts, focusing on private civil litigation conducted between 1971 and 1986.

Averting Gridlock: Strategies for Reducing Civil Delay in the Los Angeles Superior Court James S. Kakalik, Molly Selvin, and Nicholas M. Pace, R-3762, 1990 (Ordering Information) Explores the major possible explanations for the current long times to disposition in the Los Angeles Superior Court, and shows that the causes of civil delay are multiple and complex, but largely result from three factors.

The Perception of Justice: Tort Litigants' Views of Trial, Court-Annexed Arbitration, and Judicial Settlement Conferences E. A. Lind, R. J. MacCoun, P. A. Ebener, W. L. F. Felstiner, D. Hensler, J. Resnik, T. R. Tyler, R-3708, 1989 (Ordering Information) Investigates the attitudes and perceptions of individual plaintiffs and defendants concerning fairness of and satisfaction with experiences during personal-injury tort cases in three state courts.

Some Observations on the Need for Tort Reform Gustave H. Shubert, P-7189 (originally presented to the National Conference of State Legislatures in Denver, Colorado, in January 1986), 1986 (Ordering Information) Explores the relevance of policy research to tort reform, and concludes that the underlying problem with the civil justice system is the inability to decide whether we in the United States want to have a pure compensatory system or a fault-based liability system.

Reforming the Civil Litigation Process: How Court Arbitration May Help D. Hensler, P-7025 (originally published in the New Jersey Bell Journal, August 1984) 1984 (Ordering Information) Describes some factors contributing to the congestion, delay, and expense that currently trouble the country's civil courts, and reviews the results of two ICJ studies on the effectiveness of court-annexed arbitration.

Managing the Unmanageable: A History of Civil Delay in the Los Angeles Superior Court Molly Selvin and Patricia A. Ebener, R-3165, 1984 (Ordering Information) Study of civil delay and congestion in the Los Angeles Superior Court since the early twentieth century in an effort to provide an empirical basis for determining the extent to which these problems have worsened over the years.

Court-Ordered Arbitration: The California Experience E. S. Rolph, D. Hensler, N-2186, 1984 (Ordering Information) Examines the experimental court-ordered arbitration program established in California in 1979 to determine its effectiveness and popularity.

Managerial Judges Judith Resnik, R-3002, 1982 (Ordering Information) Study of the recent development of case management by federal judges during both the pretrial and posttrial phases of litigation.

The Pace of Litigation: Conference Proceedings Jane W. Adler, William L.F. Felstiner, Deborah R. Hensler, and Mark A. Peterson, R-2922, 1982 (Ordering Information) Reports the proceedings of a conference dealing with past and planned empirical investigation of the delay of litigation.

Judicial Arbitration in California: The First Year D. R, Hensler, A. J. Lipson, E. S. Rolph, R-2733, 1981 (Ordering Information) Studies the critical implementation phase of the California judicial arbitration program; indentifies the primary objectives of the program's supporters and the program's history and evolution; and examines arbitration's potential for reducing court workload.

Court Efforts to Reduce Pretrial Delay: A National Inventory Patricia A. Ebener, Jane W. Adler, Molly Selvin, and Michael S. Yesley, R-2732, 1981 (Ordering Information) An inventory of state and local trial court procedures to reduce pretrial delay of civil cases.

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