Misgivings About American Exceptionalism: Court Access as a Zero-Sum Game

Revisiting Procedural Human Rights: Fundamentals of Civil Procedure and the Changing Face of Civil Justice (Alan Uzelac & C.H. Van Rhee Eds., Intersentia 2017)

UC Hastings Research Paper No. 248

24 Pages Posted: 26 Sep 2017  

Richard Marcus

University of California Hastings College of the Law

Date Written: September 25, 2017

Abstract

This contribution reports on the tenor of relatively recent American reform efforts, which may strike those from the rest of the world as surprising because they urge that access to justice, at least in terms of procedural arrangements, is something of a zero-sum game, a game theory construct in which a gain by one side can be had only if there is a corresponding loss by the other side. That seems a peculiar attitude to take toward procedure, which is designed in general to enable just results. Indeed, that is a central assumption of Professor Huang's book endorsing the adoption of American discovery and related concepts in the rest of the world.

Suggested Citation

Marcus, Richard, Misgivings About American Exceptionalism: Court Access as a Zero-Sum Game (September 25, 2017). Revisiting Procedural Human Rights: Fundamentals of Civil Procedure and the Changing Face of Civil Justice (Alan Uzelac & C.H. Van Rhee Eds., Intersentia 2017); UC Hastings Research Paper No. 248. Available at SSRN: https://ssrn.com/abstract=3042903

Richard Marcus (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States
415-565-4829 (Phone)
415-565-4865 (Fax)

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