by Thomas G. Moukawsher
Brandeis University Press, 2023
Cloth: 978-1-68458-164-1 | eISBN: 978-1-68458-165-8
Library of Congress Classification KF8719.M68 2023
Dewey Decimal Classification 347.731

A sitting judge makes the compelling argument that we should simplify lawsuits to create a more humane and accessible legal system.
Americans are losing faith in their courts. After long delays, judges often get rid of cases for technical reasons, or force litigants to settle rather than issue a decision. When they do decide cases, we can't understand why.
The Common Flaw seeks to rid the American lawsuit of this needless complexity. The book proposes fifty changes from the filing of a complaint in court to the drafting of appellate decisions to replace the legal system’s formalism with a kind of humanism. Thomas G. Moukawsher calls for courts that decide cases promptly based more on the facts than the law, that prioritize the parties involved over lawyers, that consider the consequences for the people and the public, and that use words we can all understand. Sure to spark an important conversation about court reform, The Common Flaw makes the case for a more effective and credible legal system with warmth and humor, incorporating cartoons alongside insightful reflection.