Whether you’re an attorney, law student, or just someone who believes in fairness, you need to understand legal reform. In this article, we’ll discuss the latest developments in legal reform, including the rise of alternative dispute resolution (ADR) as a way to streamline litigation and reduce costs, modernizing TCPA law to reflect rapid changes in technology, stopping trial lawyers from exploiting the law to file frivolous class action lawsuits, curbing the expansion of U.S.-style asbestos litigation into Europe, and more.
Legal reform is necessary for creating a vibrant economy, preserving social stability, and building sustainable civil society. It involves balancing competing interests and establishing legal control over economic processes to guarantee private property rights, promote innovation, provide transparent predictability, and foster competition.
In other words, it is the foundation for economic and political development, the bedrock of democracy, and the key to ensuring fair access to justice. Yet, the justice system in many countries fails to live up to this standard. Its excessive costs, lengthy delays, and complex rules undermine public confidence and deprive citizens of a fair and effective system.
Fortunately, a number of different paths forward exist. Some of these are structural, aimed at changing the makeup of the judiciary or other institutions to better match their ideological agendas. For example, if Congress decides that it would prefer a Supreme Court majority that saw constitutional provisions as more indeterminate, it could create several new seats and fill them with judges who share its judicial philosophy.