[JURIST] The latest issue of the University of Southern California Law Review [official website] is now available online. Articles include:
by Pamela Bucy [faculty profile] of the University of Alabama School of Law [official website].
From the paper: "This Article addresses the tool of private justice. "Private justice" occurs when private persons initiate lawsuits to detect, prove, and deter public harms. No matter how talented or dedicated our public law enforcement personnel may be nor how many resources our society commits to regulatory efforts, a public regulatory system will always lack the one resource that is indispensable to effective detection and deterrence of complex economic wrongdoing: inside information. For the purposes herein, inside information is defined as significantly helpful information about economic wrongdoing produced by someone who has experience, insight, or contacts to, the industry or perpetrator involved. Private justice can supply the resource of inside information. Because of the necessary and nonsubstitutable nature of this resource, private justice is not just one option for addressing economic banditry in a global, computerized world; it is the best option."
Lurking in the Shadow: The Unseen Hand of Doctrine in Dispute Resolution
by Ray Madoff [faculty profile] of Boston College Law School [official website].
From the paper: "In this Article, I argue that there is a connection between substantive doctrinal law and the acceptance of alternative dispute resolution. In particular, I argue that the widespread adoption of mediation in divorce disputes would not have been possible without the changes in the substantive legal rules governing divorce brought about by the no-fault revolution. This transformation effectively changed the core story about divorce from one about guilt and innocence to one that minimized the importance of fault and instead created a complex forward-looking inquiry. This new regime effectively discouraged parties from seeking judicial resolution of their disputes and encouraged them to resolve their disputes through negotiation or mediation. The rules governing divorce stand in sharp contrast to the rules governing will contests. Largely unchanged in the United States over the last 200 years, wills law involves a backward-looking inquiry that focuses on testator intent and provides moral condemnation under a winner-take-all system, effectively encouraging parties to seek judicial resolution of their disputes."
See also a student Note: Walker v. Cheney: Politics, Posturing, and Executive Privilege.