Civil Discovery: Lawyers'Views of Its Effectiveness, Its Principal Problems and Abuses

This article, the second in a three-part series based on interviews of 180 civil litigators in Chicago, describes lawyers'assessments of the health of the discovery system and their views about the relative severity of several major problems and abuses that burden the discovery process. The data present a disturbing picture of the way the discovery system functions, especially in larger cases. Big case litigators are much unhappier with the current state of affairs in discovery than are their smaller case counterparts, and apparently for good reason. Tactical jockeying, evasive and dilatory practices, and various forms of harassment play major and costly roles in a high percentage of large lawsuits. And in at least one of every two big cases the discovery system fails to distribute the relevant information to all the parties. Perhaps the most dramatic evidence of disaffection with the current state of affairs in major litigation, however, is the widespread support the lawyers expressed for more aggressive judicial involvement in the process and for more frequent, telling use of sanctions to punish its abusers.
The third article in this series will report the lawyers'reform proposals and will explore some of the implications of the data described here.     

Lawman and the Sabellian heresy

I wish to thank Dean Bernie Patterson and the Arts and Sciences Level I Committee for support on this project, although ultimately thanks should be extended to the Georgia College Foundation for its generous support of research and faculty development projects at Georgia College. I also wish to thank MEDTEXTLers Jim Marchand, Thomas Izbicki, and P.A. Binkley for bibliographic help on the topic of clerical education in twelfth- and thirteenth-century England.     

Improving the linkages between domestic violence referral agencies and the police: A research note

Domestic disputes pose serious threats to police officers and disputants alike. Crisis intervention training programs have improved the ability of police to quell a conflict temporarily, but national studies show that retuns to some households are not unusual, and they are increasingly hazardous. There are a number of service agencies in most jurisdictions having the goal of offering assistance to domestic disputants in hopes of a more permanent resolution to the conflict, but the linkage between these agencies and the police has been unsatisfactory. This article describes a program implemented at the Washtenaw Country Sheriff's Department, Ann Arbor, Michigan, designed to increase the rate of referral contact by domestic disputants. The program was implemented for a six-month period, and increased the follow-up contract rate by 600 percent.     

Views from the Front lines: Observations by Chicago Lawyers About the System of Civil Discovery

This is the first in a series of articles that will report the results of a pilot effort to assess how well the system of civil discovery is working and to identify the principal problems which burden that system. The study revolves around interviews with 180 Chicago area litigators. This first essay, which synthesizes observations, insights, and complaints by interviewed attorneys, suggests that the world of civil discovery is not one monolithic whole, but consists of subworlds which exhibit clearly distinguishable features and problems. In addition to describing the principal problems which afflict the discovery system in its two major subworlds, the author reports what the interviewed lawyers suggest are the primary causes of those problems. While the litigators identify many ways in which the character of lawyering encumbers and disrupts the discovery process, they also locate much of the blame for the system's problems in the behavior of judges and the inefficiency of the judicial machinery. The interviews produced a dramatically widespread appeal to the courts to increase use of sanctions as a means of restraining discovery abuse.     

Unusual facial markings and lethal mechanisms in a series of gasoline inhalation deaths

A review of deaths associated with hydrocarbon toxicity from gasoline sniffing in South Australia throughout a 10 year period from July 1987 to June 2002 revealed 4 cases. The victims were all Aboriginal people from remote inland communities. Each death had occurred while the victim was lying in bed sniffing gasoline from a can held to the face. Once unconsciousness had occurred, the mouth and nose had been pressed firmly against the can by the weight of the head. In each case, the effects of gasoline toxicity had been exacerbated by hypoxia and hypercapnia from rebreathing into the container once a tight seal had been established between the face and the can. The circular impressions left by the can edges on the faces of each of the victims provided an autopsy marker that assisted in clarifying the details of the fatal episodes. Discouraging solitary gasoline sniffing in bed may reduce the death rate in communities where this behavior is practiced.     

Prescriptions for punishment: Official ideologies and jall overcrowding

This study assesses key actors’ “worlds of fact” regarding jail overcrowding in California through an examination of their perceptions of causes and effects, support for different solutions, and adherence to major punishment ideologies. How policymakers define and structure a specific problem Gail overcrowding), can influence how policy options are differentially weighed as well as how existing policy processes can be improved. A mail survey was sent to two key decision making groups who largely regulate the intake and outflow of local jails: sheriffs and chief probation officers of the 58 California counties. Group differences in responses were predicted from the perspectives of blame avoidance, domain dissensus, and punishment theory. Relationships were examined among perceived causes, effects, solutions, and punishment ideologies. While both sheriffs and probation chiefs advocated highly similar “control-oriented” punishment ideologies, probation chiefs advocated more “progressive” solutions to jail overcrowding. Perceived causes and effects of jail overcrowding, along with support for deterrence ideology, were strongly related to elite support for three potential solutions: building more institutions, passing tougher laws to deter potential offenders, and using shorter sentences for low-risk offenders. Implications of these results for understanding jail overcrowding and policy processes are discussed.     

A New Start Toward a More Decentralized Federalism in Brazil?

Brazil's political history can be read as a cyclical alternationbetween centralization and decentralization—a contestbetween the center and the periphery. Centralizing tendenciesreached one height under the "Estado Novo" of GetúlioVargas (1937–1945) and peaked again under a series ofmilitary governments from 1964 to 1985. Forces favoring regionalismand more state and local autonomy have been given impetus duringthe 1980s by trends of regional differentiation, popular mobilization,return to civilian government in 1985, several key elections,and state and local financial crises. The constitution promulgatedin October 1988 features decentralizing fiscal provisions thatgive reason to believe that federalism may be revitalized inthe next several years in response to grassroots demands fromstate and local governments. However, these federalism reformsmay be threatened by the national government's attempts to thwartthe constitution's decentralization provisions and by nationaleconomic and political instability.