Rule of Law Commons^™

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.

Review Of Justice Without Law?, Whitmore Gray

Reviews

The title of this book refers to the stiving of communities of various types in different circumstances to develop "patterns of conflict resolution that reflected their common striving for social harmony beyond individual conflict, for justice without law." The author wants to document what he calls the search through three and a half centuries of American history for "justice beyond law, without lawyers or courts." Readers familiar with Auerbach's earlier book, Unequal Justice (62 A.B.A.J. 838 (1976)), will correctly assume that this is not a sympathetic view of the influence of bar and bench on the development of alternatives to …

Justice And The Bureaucratization Of Appellate Courts, Joseph Vining

Articles

The author notes the growing bureaucratization of appellate justice in the United States and, in particular, the drafting of opinions by law clerks rather than by judges. Taking the Supreme Court of the United States as an example, and comparing its internal procedure with that of large administrative agencies, he questions whether the method of analysis familiarly used by lawyers to arrive at an authoritative statement of law is applicable to legal texts bureaucratically produced. He suggests that legal method and its presuppositions are ultimately associated with the authority of law, and concludes that there may be critical losses not …

Devising Procedures That Are Civil To Promote Justice That Is Civilized, Maurice Rosenberg

Michigan Law Review

In a democracy, process is king to a very large extent, and this is especially so in the judicial branch. Even though substantive laws command attention, procedural rules ensure respect. Why is this true? One powerful reason is that when people end up in court, their case typically is not a matter of right against wrong, but of right against right. Decent process makes the painful task of deciding which party will prevail bearable and helps make the decision itself acceptable.

To put my position plainly, I believe that the road to court-made justice is paved with good procedures. Later …

Culp: Discretionary Justice: A Preliminary Inquiry, Albert J. Reiss Jr.

Michigan Law Review

A Review of Discretionary Justice: A Preliminary Inquiry by Kenneth Culp Davis