Let's see just how critical your reading has become. See whether what goes through your mind, is what occurs to a truly critical reader making her way through a piece of prose.
The number of new cases heard by every branch of the U.S. judiciary has risen radically in the last ten years. The Supreme Court caseload alone has increased fourfold, with lower courts in yet more dire straits. Chief Justice Burger spoke of an "irrational focus — virtually a mania — on litigation as the way to solve all problems." We have, in short, become a nation of litigators.
Many of these cases deserve to be heard. Our world grows more complex daily, and important social and technical advances raise questions that properly fall within the jurisdiction of the courts. But the litigation process is prey to abuse. Individuals can and do bring suit simply to force some adversary's hand at negotiation, without any intention of going to a trial; or on the slimmest hope of winning an undeserved decision. The problem runs deeper than backlog: its roots are sociological, not administrative, and enlarging the bureaucracy to accommodate demand would treat the symptoms while ignoring the disease.
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