The Lawyer/Judge as Republican Hero

Mark Tushnet, Stanford Law Review & The Stanford Law Review

Journal: Stanford Law Review

Volume: 70

First Page: 29

Year: 2017

Bluebook Citation: 70 STAN. L. REV. 29 (2017)

Author: Mark V. Tushnet: all 162 publications


Abstract

Introduction Inventing American Exceptionalism tells a two-sided story. On one side is the replacement of the distinctive inquisitorial processes of equity courts with the adversarial ones of common-law courts. The equity courts relied heavily on taking testimony in writing and in secret, freezing the record so that parties could not shape their evidence in light […]

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