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ILR presents the eighth edition of 101 Ways: A User’s Guide to Promoting Fair and Effective Civil Justice. As with prior editions of 101 Ways, this paper covers a broad range of civil justice priority issues, offering policymakers and reform advocates a robust set of options for improving the civil legal environment in their states.

The reforms in this edition are organized around five central pillars:

  • Address Over-Regulation and Over-Enforcement
  • Safeguard the Integrity of the Litigation Process
  • Promote Rational Liability Rules
  • Improve Product Liability Law
  • Address Damages “Run Wild”

This user’s guide to state legal reforms considers key issues confronting policymakers. The new questions answered in this edition of 101 Ways include:

  • When outside investors fund litigation or have a financial interest in the outcome, what disclosure requirements and conflict of interest safeguards are needed?
  • How can states prevent private plaintiffs’ attorneys and local governments from misusing public nuisance law to address complex public policy issues that are squarely in the purview of legislatures?
  • How can legislators address improper trial tactics that lead to nuclear verdicts?
  • How can policymakers prevent unsound science and shaky evidence from shaping courtroom outcomes?

Author

Cary Silverman and Christopher E. Appel, Shook, Hardy & Bacon LLP