101 Ways to Improve State Legal Systems

HOW TO USE THIS GUIDE

This document provides a compilation of legal reforms in 23 areas for potential consideration by state legislatures. Within each area, the report briefly discusses the purpose of and need for each reform. In several areas, the report notes whether the reform is needed in particular states.

This report does not provide an assessment of the general political feasibility of enacting legal reform in any individual state. Some states, such as Texas, have a reputation as being generally supportive of legal reform. Other states, such as Massachusetts, are hostile to any legislation that would be opposed by the plaintiffs’ bar. The analysis in this report does not purport to include any such state-specific political evaluation, which must occur before the effectiveness and feasibility of any reform can be fully understood.

In addition, each legal reform may contain many variations and options, especially when evaluated in light of a specific state’s political landscape. To this end, reform options that include monetary values have been left open regarding the actual proposed dollar amount. These numbers would need to be individualized to each state according to what is feasible from a policy and political perspective within each jurisdiction.

In addition to using the legal reform options in stand-alone legislation or as part of a broader legislative package, several of the proposals may also have significant value as defensive measures or as potential amendments to other liability-expanding legislation.

This report presents legal reform options in a conceptual manner. It does not provide bill language, which must be tailored to fit current law and the statutory scheme of each individual state.