CIVIL JUSTICE REFORM - JUGGLING BETWEEN POLITICS AND PERFECTION

In this Article, Professor Johnston analyzes the Civil Justice Reform Act of 1990 and its requirement that every United States District Cour t direct substantial resources toward reducing delay in the courts. He discusses the Civil Justice Reform Act in the context of a tradition of reform efforts directed at reducing delay, and considers how it sha pes our understanding of delay, and ultimately, procedural justice. Pr ofessor Johnston questions the utility of using the speed of case proc essing as a gauge of procedural justice, and criticizes the limited mo del of procedural justice promoted by the Act and other similar effort s of delay reduction. Professor Johnston concludes that such reform ef forts are dangerous because of their effect of narrowing our concerns for and understanding of procedural justice.