Legal reform is a process of examining and advocating for or implementing changes in a legal system, usually with the aim of enhancing justice or efficiency. It often requires a thorough analysis of the current legal framework, understanding social and cultural contexts and engaging with stakeholders and policymakers. It is also important to recognize that laws may have unintended consequences or risks and to mitigate those where possible.
The old law and development orthodoxy held that the rule of law was the key to economic growth and democratic societies. Today, international and bilateral development agencies are committed to legal reform worldwide. But while they are promoting relatively simple models that are easy to support with traditional foreign aid tools, these efforts often overlook the fact that each country is unique and that Western expertise is not always of much help in developing countries.
A new generation of Americans deserves a civil legal system that can fairly and promptly resolve disputes for all, rich or poor, individuals or businesses. Unfortunately, our current system is failing them in a multitude of ways. Inevitably, the result is runaway costs and complexity that drive people away from seeking justice.
Statewide, reform efforts continue to move forward. In Louisiana, an effort to curb jury anchoring is underway, while coalition building focuses on addressing third-party litigation funding in Texas and curtailment of attorney advertising and phantom damages in South Carolina. In 2022, Utah’s judicial sandbox experiment and the work of other innovative providers demonstrate that more effective approaches are possible, but there is still considerable momentum to defend against attempts to open law firms to competition.