ABSTRACT
In litigation, ‘haves’ and ‘have-nots’ battle over what procedures should govern. Yet, much greater hostilities have been avoided – a war between the ‘haves’ themselves. ‘Criminal haves’ (prosecutors) and ‘civil haves’ (institutional players) litigate in separate territories and under different sets of rules. This is good, for them, because they have incompatible objectives. This Article contends that protecting the ‘haves’ from each other has profoundly influenced the development of procedure in the United States. The ‘haves’ reap significant benefits in being insulated from each other as they seek rules responsive to their unique preferences …
Meyn, Ion, The Haves of Procedure (May 20, 2019). William and Mary Law Review, volume 60, 2019; Univ of Wisconsin Legal Studies Research Paper No 1476.
First posted 2019-05-23 06:02:15
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