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Trubek admits that there are many frivolous suits, abuses of discovery, and unethical lawyers, but denies that these are typical. "Evidence for most of the claims that we are an overlitigious society is weak at best," he says. Wisconsin Law Professor Marc Galanter, who has studied Trubek's research as well as other data on how Americans resolve their differences, is even more emphatic. The alleged litigation explosion, he says, is "a strong admixture of naive speculation and undocumented assertion." Shrager believes that the latest research finally gives support to trial lawyers after years of criticism from the Chief Justice. He says, "I get curiouser and curiouser that he doesn't seem to communicate an accurate overview of how our system of justice is operating."
