Many observers, including most of the participants in the civil litigation symposium, have levelled considerable criticism at the Civil Justice Reform Act of 1990 ("CJRA" or "Act") and its implementation. This criticism--which encompasses numerous phenomena, as abstract as constitutional theory and as pragmatic as numerical limitations on interrogatories--emanates from several quarters and ranges across the political spectrum.
Notwithstanding the numerous criticisms that observers have lodged at the statute and its effectuation, a number of which have considerable validity, the federal reform initiative has afforded many advantages. Unfortunately, these benefits have received comparatively little recognition. Because the reform's salutary aspects could improve the civil justice system, they warrant analysis. This essay undertakes that effort by emphasizing the most important beneficial features of implementation to date. Part I of this Article examines the origins and development of the CJRA. Part II then analyzes the advantageous dimensions of the reform.
Carl Tobias, Silver Linings in Federal Civil Justice Reform, 59 Brook. L. Rev. 857 (1993)