8. Recall the values that inform a sound and efficient system of civil procedure, pp. 4 5, supra. What are the social costs of blocking legitimate lawsuits from access to the public courts or imposing sanctions on suits that have a basis in fact and law but lose?

See Coleman, The Vanishing Plaintiff, 42 Seton Hall L. Rev. 501 (2012). What are the costs of encouraging excessive litigation? See The Pound Conference: Perspectives on Justice in the Future (Levin & Wheeler eds., 1979). Are you convinced that the current pleading regime has struck the appropriate balance? See Miller, Simplified Pleading, Meaningful Days in Court, and Trials on the Merits: The Deformation of Federal Procedure, 88 N.Y.U. L. Rev. 286

(2013).