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The theme of this conference, "Abuse of Procedural Rights,"
connotes the affirmative misuse of the apparatus of procedure.
Procedural abuses include: assertion of frivolous claims, interposition
of frivolous defenses, unjustified protraction of litigation, efforts to
escape the preclusive effects of res judicata, and so on. The papers
and the discussion elaborate in detail these and other abuses of the
machinery of justice. I share concern over these abuses and join in
the efforts to identify and remedy them. However, any diagnosis
aimed at curing legal abuses should take into account the larger legal
and social context and potential negative consequences of remedial
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