Law Reform:

Much of the public’s concern with the legal system in the United States centers on the impact of frivolous lawsuits. Although some scholars use that term only to refer to suits with virtually no prospect of success, we have a different notion in mind. Indeed, our concern with frivolous lawsuits is precisely that there is some chance of success with suits that should not be brought. The objection is not merely that there is too little prospect of success, but also that the law should not, without clear direction, be construed to allow litigation directed at deflecting personal responsibility for basic life choices onto convenient targets or to allow litigation that is apt to result in little or nothing for nominal plaintiffs and extraordinarily large compensation for attorneys. Concerns included within this category are the need for tort reform, the need to limit class action lawsuits so as to avoid litigation driven principally by the threat of imposing huge costs on parties, and the need to reform substantive laws.