If you (re)build it, they will come: contracts to remake the rules of litigation in arbitration's image.
INTRODUCTION I. THE ARBITRATION PROBLEM A. Arbitration Is Not (Necessarily) Faster than Litigation B. Arbitration Is Not Cheaper than Litigation C. Arbitration Is More Confidential than Litigation D. Arbitration Is Riskier and Less Predictable than Litigation E. Courts Are Refusing to Enforce Arbitration Agreements F. Contractually-Modified Litigation Offers a...

The paradox of delegation: interpreting the Federal Rules of Civil Procedure.
INTRODUCTION Distinctions between the functions of the legislative and judicial branches are a staple of debates over statutory interpretation. To some, the fact that federal judges have no vote in the legislative process supports the argument that a court should implement a statute's text even when the...

An Introspective View of the Inquisitorial Trial.
The day I stumbled on "A Trial in Germany," I felt a call to arms. The piece of incriminating evidence was there. Time and again, common law lawyers observe the civil law system with the curiosity of tourists who visit the Tower of Pisa. Eventually, they offer advice on...

It's an ex post facto fact: Supreme Court misapplies the ex post facto clause to criminal procedure.
Carmell v. Texas, 120 S. Ct. 1620 (2000) I. INTRODUCTION In Carmell v. Texas,(1) the Supreme Court held that the Ex Post Facto Law Clause of the United States Constitution(2) prohibited the application of a Texas statute of criminal procedure(3) in trials against sexual offenders...

A moral renaissance for a lasting peace.
(Speech delivered by Senior Associate Justice JOSUE N. BELLOSILLO as Keynote Speaker of the 3rd Annual National Seminar-Convention of the Philippine Trial Judges League, Inc., on the theme "Championing Peace Through Justice," held 3-5 October 2002 at Prince Plaza Hotel, Baguio City.) AMONG the prodigious events that...

Partial-birth abortion: the final frontier of abortion jurisprudence.
Partial-birth abortion is the final frontier of abortion jurisprudence because it involves the killing of the child during birth--at the latest possible stage of pregnancy. The United States Congress and many state legislatures have passed bills barring partial-birth abortion, a legal term of art for a procedure in which...

A response To Professor Cooper.
Our hats are off to Professor Cooper for his production of a brilliant paper on the legal concerns presented by complex mass torts litigation.(1) His paper discusses the entire array of complex legal problems and issues raised by the adjudication of mass tort claims. The scope of this Response...

Official Negligence.
How Rodney King and the Riots Changed Los Angeles and the LAPD Lou Cannon Times Books, $35, 698 pp. The memory of the videotape remains vivid even after seven years: police officers beating a man again and again as he writhes on the ground. We remember other...

Judicial review and the Military Commissions Act: on striking the right balance.
Hamdanv. Rumsfeld (1) seemed a promising example of a special form of judicial role. Abstaining from deploying its ultimate power to judge the constitutionality of an action of a political branch, the United States Supreme Court used statutory construction to give a strong nudge in a direction favorable to...

Dunbar and the science of lynching.
"That black--" --Paul Laurence Dunbar, "The Lynching of Jube Benson" 236 Enthroned upon the mighty truth Within the confines of the laws, True Justice seeth not the man, But only hears his cause. Unconscious of his creed or race, She cannot see, but only weighs;...