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The Functions of Courts in the United States, 1950-1980

Published online by Cambridge University Press:  02 July 2024

James Willard Hurst
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Abstract

Despite increased research into court operations, reliable knowledge about court functions continues to be scant. Case volume has grown, but court dispositions account for a small part of all dispute resolutions. Most matters which reach disposition in court end at some stage of trial court proceedings. Judges also continue to be makers of general public policy. Common law growth has dwindled. But courts contribute much to the content of public policy through their interpretation of statutes and their review of executive and administrative action. Judicial review of the constitutionality of legislation has declined sharply in fields centered on the economy, while expanding in areas of civil liberties.

Type
Part One-Background: The Need for Research on Civil Courts
Information
Law & Society Review , Volume 15 , Issue 3-4: Special Issue on Dispute Processing and Civil Litigation , 1981 , pp. 401 - 471
Copyright
Copyright © 1981 The Law and Society Association.

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Footnotes

*

This paper was originally prepared for the Council on the Role of Courts.

References

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