Is Adjudication a Public Good? 'Overcrowded Courts' and the Private Sector Alternative of Arbitration

14 Cardozo J. Conflict Resol. 899 (2013)

24 Pages Posted: 11 Jul 2013

See all articles by Stephen J. Ware

Stephen J. Ware

University of Kansas - School of Law

Date Written: July 10, 2013

Abstract

One way to end the public subsidy for cases that do not deserve it is for courts to charge the parties to such a case a fee high enough to reimburse the court for its costs of adjudicating the case. Several thoughtful commentators have proposed such “user fees.” This Article assesses those proposals and suggests that user fees would make litigation look more like arbitration. It concludes by considering the possibility that the public-sector court system and private arbitration organizations could compete in the market for unsubsidized adjudication and in the market for subsidized adjudication. In short, this Article places discussions of overcrowded courts and court user fees in the context of a society — our society — with a strong private sector alternative to our courts.

Suggested Citation

Ware, Stephen J., Is Adjudication a Public Good? 'Overcrowded Courts' and the Private Sector Alternative of Arbitration (July 10, 2013). 14 Cardozo J. Conflict Resol. 899 (2013). Available at SSRN: https://ssrn.com/abstract=2292107

Stephen J. Ware (Contact Author)

University of Kansas - School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States
785-864-9209 (Phone)

HOME PAGE: http://www.law.ku.edu/ware

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