Abstract

Court unification is nearly synonymous with court reform and, indeed, is the basic prescription for court modernization. The basic elements of court unification, including trial court consolidation, defined jurisdiction, centralized management, state-level financing, merit selection, and centralized rulemaking, have been endorsed by the American Bar Association and other influential groups as ideals to be attained. The purpose of this research is to evaluate the basic premises of unification. Are states that most closely approximate the unification ideal “better” in any way than states that do not?To conduct an evaluation, a measure of court quality is needed. This research uses the concurrent jurisdiction of state and federal courts over diversity-of-citizenship jurisdiction as the yardstick to test the principles of unification. In diversity cases, which sometimes involve disputes between citizens of different states, litigants and their attorneys often have a choice between filing in state court or fil...

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