Add to ORKGAn underlying ethos of American law is that an adversarial setting is a prerequisite for proper resolution of a dispute. But is that accurate? Comparative scholars have illustrated the diversity of methods available. In Adversarial Legalism, Robert Kagan considers the merits of these alternative systems. Although the book is not intended as a comprehensive agenda for reform, Kagan\u27s message is clear: our procedures and methods for resolving disputes are a matter of choice, no matter how natural or entrenched they may appear to be. To the extent they do not serve us well, we should exercise our ability to make different choices. Adversarial Legalism is an important book that offers a fair and balanced account of what Kagan labels adversa...
In the essay that follows, I advocate for greater acceptance of the diversity of belief and practice...
Despite its historic presence in American law, comparative law was, until recently, largely the pres...
This paper critiques the foundations of Aragaki\u27s analysis, but also gives credit on the importan...
An underlying ethos of American law is that an adversarial setting is a prerequisite for proper reso...
Robert A. Kagan coined the term “adversarial legalism” to mean policymaking, policy implementation, ...
Einstein once said, “The formulation of a problem is often more essential than its solution, which m...
In this contribution to Varieties of Legal Order, a book inspired by Robert Kagan’s scholarship, we ...
This article argues that the uniquely adversarial nature of the United States litigation system, roo...
The US has a distinctive legal style, which Robert Kagan has called “adversarial legalism.” It is ma...
This article studies the deficiencies of the American System of adversarial justice as it applies to...
In the United States, critics often argue that the informal, private nature of ADR is hostile to the...
ADR, the acronym that identifies the alternative dispute resolution movement, derives its current po...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
It is difficult to avoid the conclusion that, as a political matter, the modern tort reform movement...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
In the essay that follows, I advocate for greater acceptance of the diversity of belief and practice...
Despite its historic presence in American law, comparative law was, until recently, largely the pres...
This paper critiques the foundations of Aragaki\u27s analysis, but also gives credit on the importan...
An underlying ethos of American law is that an adversarial setting is a prerequisite for proper reso...
Robert A. Kagan coined the term “adversarial legalism” to mean policymaking, policy implementation, ...
Einstein once said, “The formulation of a problem is often more essential than its solution, which m...
In this contribution to Varieties of Legal Order, a book inspired by Robert Kagan’s scholarship, we ...
This article argues that the uniquely adversarial nature of the United States litigation system, roo...
The US has a distinctive legal style, which Robert Kagan has called “adversarial legalism.” It is ma...
This article studies the deficiencies of the American System of adversarial justice as it applies to...
In the United States, critics often argue that the informal, private nature of ADR is hostile to the...
ADR, the acronym that identifies the alternative dispute resolution movement, derives its current po...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
It is difficult to avoid the conclusion that, as a political matter, the modern tort reform movement...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
In the essay that follows, I advocate for greater acceptance of the diversity of belief and practice...
Despite its historic presence in American law, comparative law was, until recently, largely the pres...
This paper critiques the foundations of Aragaki\u27s analysis, but also gives credit on the importan...