Adversary System

• Adversary System

THE ADVERSARY SYSTEM: WHO WINS? WHO LOSES? The legal system in the United States is known as an adversary system. In this system...

• West's Encyclopedia of American Law
• A–Ba

• The Slow Erosion of the Adversary System: Article III Courts, Fisa, Cipa and Ethical Dilemmas

Introduction I. Classified Information Procedures Act and Foreign Intelligence Surveillance Act in the Courts A. Fundamentals of the Adversarial System B. Classified Information Procedures Act C. Fundamental Ethical Conflicts for Diligent, Competent, Zealous Defense Counsel D. Foreign Intelligence Surveillance Act II. Secret Evidence Is Seeping into the Criminal Justice System III. Modest Proposals IV. Conclusion

• Cardozo Public Law, Policy and Ethics Journal
• Nbr. V-1, January 2007

• Law's Double-Edged Sword of Technology

During the mediation of a $62 million construction case, attorney Sharon P. Stiller made a PowerPoint presentation to graphically demonstrate to the mediator and her adversary how a system malfunctioned. Just explaining why the system didn't work would not have been sufficient," said Stiller, a partner at Abrams Fensterman, a law firm based in Lake Success. "Showing pictorially what went wrong was much more effective" to the tune of convincing the other side to settle for "many millions" of dollars.

• Long Island Business News
• January 19, 2011

• Work product and the attorney's selection process: spoon feeding the opposition or preserving the adversary system?

Litigating similar cases with similar issues over many years can often transform the "art of discovery" into formulaic or rote methods of propounding,...

• Florida Bar Journal
• Vol. 79 Nbr. 1, January 2005

• Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 565 U.S. (2012)

... other safeguards built into the adversary system that caution juries against placing undue w...

• U.S. Supreme Court

• Law office searches: the assault on confidentiality and the adversary system.

Courts' increased willingness to issue warrants to search the law offices of criminal defense attorneys pose a threat to the attorney-client relationship and the integrity of the work-product and attorney-client privilege doctrines. Documents seized from law offices should be subject to review by a special master before being made available to investigators. Alternatively, requests for documents in law offices should be subject to subpoena standards.

• American Criminal Law Review
• Vol. 33 Nbr. 4, June 1996

• Evidence Law as a System of Incentives

Evidence law is usually considered ex post, from the standpoint of a judge deciding whether to admit evidence offered by a party. This Article examines the law ex ante, considering how it affects the behavior of parties contemplating or conducting litigation. Seen from this perspective, the rules of Evidence give rise to a variety of incentives and After discussing the more familiar of these, notably those arising from the adversary system, the Article explores many unfamiliar incentives and disincentives affecting the creation, preservation, and presentation of evidence. In conclusion, it considers some objections to viewing .

• Iowa Law Review
• Nbr. 95-5, July 2010

• Commentary: The 'Constructive Divorce'

In his early years as a divorce lawyer, Mark Chinn modeled his litigation style on the U.S. Marines, Hall of Fame linebacker Dick Butkus and a Viking war party. I must confess that I have been guilty in the past of viewing litigation as a competition to be lost or won," he writes in the prologue of his latest book, Constructive Divorce. "I have been guilty of viewing the adversary system as a license for 'going after people.' I have been guilty of viewing procedure as a dangerous weapon to be mastered and wielded on any unsuspecting foe.

• Lawyers USA
• July 31, 2007

• From the Editor

The author determines that the rapid defeat of Georgia's armed forces was more the result of military weakness, poor management, and limited combat capabilities on the part of the Georgians, than anything attributable to the prowess of Russian forces. Terrill presents the possibility that Israel, as a potential Iranian strategic adversary, will be able to successfully establish a system of deterrence based on its current and programmed missile defense technology, supported by its extensive civil defense initiatives.

• Parameters
• Vol. 39 Nbr. 1, April 2009

• Bill: Juveniles in State Centers Need Guardian ; State House: The Purpose Is to Help the Youths, Not to Become an Adversary of the Corrections System.

A Portland lawmaker has proposed a bill that would create more oversight for juveniles committed to the state's corrections institutions. State Sen. Ethan Strimling, D-Portland, is the chief sponsor of the bill, which would assign an advocate known as a "guardian ad litem" to every child in the state's two corrections centers. The guardian would have access to all of the child's treatment records, and could bring a case before a judge if the facilities are not meeting the child's needs.

• Portland Press Herald
• April 04, 2005