The Lawyer/Judge as Republican Hero
Mark Tushnet, Stanford Law Review & The Stanford Law Review
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 […]