class actions, disabled rights, copyright, attorneys general, online speech, law schools, obesity, New York, mortgages, legal blogs, safety, CPSC, pharmaceuticals, patent trolls, ADA filing mills, international human rights, humor, hate speech, illegal drugs, immigration law, cellphones, international law, real estate, bar associations, Environmental Protection Agency, First Amendment, insurance fraud, slip and fall, smoking bans, emergency medicine, regulation and its reform, dramshop statutes, hotels, web accessibility, United Nations, Alien Tort Claims Act, lobbyists, pools, school discipline, Voting Rights Act, legal services programs
   
   
 
   

November 2003 Archives

Adversarial Legalism: The American Way of Law

"Adversarial legalism" is Professor Kagan's term for "the rambunctious, peculiarly American style of law and legal decisionmaking" exhibited recently in the disputed 2000 presidential election. Not only is such adversarial legalism prominent in America, Kagan argues, but it is also prevalent, "affecting almost every sphere of governmental and economic activity." It is rooted in the American distrust´┐Żand resultant decentralization´┐Żof governmental power. The author backs up his argument with comparative law studies, which examine the American adversarial system against other more impersonal systems of regulation and adjudication. The American adversarial system, Kagan concludes, is more inefficient than others, imposing higher costs and resulting in more uncertainty, but it is unclear whether it can be reformed.
sort entries by:
author | date | title | category


Featured Book:
Download useful chapters of The Litigation Explosion. Available chapters discuss contingency fees, long-arm jurisdiction, choice-of-law rules, and loser pays systems.
The Litigation Explosion.


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.