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1999

Dispute resolution (Law)

Articles 1 - 2 of 2

Full-Text Articles in Legal History

The New Legal Process: Games People Play And The Quest For Legitimate Judicial Decision Making, Ronald J. Krotoszynski Jr. Jan 1999

The New Legal Process: Games People Play And The Quest For Legitimate Judicial Decision Making, Ronald J. Krotoszynski Jr.

Washington University Law Review

In this Article, I will argue in favor of a new legal process jurisprudence, analogizing the legitimacy of such an approach to the process theory that undergirds the legitimacy of contemporary athletics. In Part I, the Article describes the balkanization of contemporary jurisprudence into increasingly specialized sects. Part II examines the importance of process to contemporary athletic contests and explores the relationship of process to the legitimacy of the outcomes in those contests. In Part III, the Article completes the circle by arguing that the legitimizing effect of process plainly manifested in the context of athletics, whether at the little ...


Opting In Or Opting Out: The New Legal Process Or Arbitration, Geraldine Szott Moohr Jan 1999

Opting In Or Opting Out: The New Legal Process Or Arbitration, Geraldine Szott Moohr

Washington University Law Review

Professor Krotoszynski suggests that judicial legitimacy has fallen victim to the expectations of multiple constituencies, who evaluate judicial competency on the basis of particular substantive results. These “outsider” constituencies— feminists, critical race scholars, queer theorists, critical legal studies scholars, and law and economics advocates— have effectively demonstrated the deficiencies in the judicial system. While applauding their contribution to a fairer and more just society, Professor Krotoszynski laments the damage to judicial credibility and the absence of common ground that makes dialogue across constituencies increasingly difficult. Taking a page from sporting events, he sees a newly defined legal process as our ...