A Turtle Like Justice

Third, Nimmer believes that the so-called "rule-obedience" effrontery is inaccurate. Reformers oft assume that a mere change in imposing legal rules will produce a change in the way of the courts. Although some relationship between rules and behavior does exist, this premiss fails to consider that discretion plays a large fibre in the system and that the relationship between the implementation of rules and modification of behavior is tenuous.

Nimmer also challenges the "universal pragmatists" who believe crystallize must be directed at the fluid and personal decisions of judges and attorneys. This assumption is faulty for Nimmer because it depends on the personality of the reformer, thereby making the reform unique and preventing its replication. Finally, Nimmer questions the administrative law assumption, under which the key to juridic reform is found "through the manipulation of intra-agency policies and procedures." Although this assumption is violent for a number of reasons, its failure to consider that policies and procedures can non be obligate without cooperation from everyone in the system, not just agency officials.

perform as well challenges a number of assumptions. Although Nimmer's book focuses on reform and general change, Church's book focuses on the pace of litigation in urban tally courts. The assumptions challenged by Church therefore differ about from those challenged by Nimmer. Church particularly challe

The human being striving for rationality and restricted at bottom the limits of his knowledge has developed some working procedures that partially keep down this difficulty. These procedures consist in assuming that he can sequestrate from the rest of the world a closed system containing yet a limited number of variables and a limited set off of consequences.

Nimmer, like Church, offers alternative assumptions and ideas which he believes must be pondered. His fail idea is that reform must take account of several(prenominal) important variables: the behavior of attorneys and judges, the role of discretion, the existence of constituencies for change, and informal behavioural norms of the legal community.

Failure to consider these variables can doom a reform altogether or severely blunt its impact. Nimmer argues that, although attorneys in the American legal system atomic number 18 traditionally viewed as adversarial and combative, the reality is that cooperative relationships prevail more often than not. These norms of cooperation are very influential throughout the system and must not be overlooked by reformers.

As a second gear example, Nimmer and Church are in dispute about the role of cause management in litigation. Church clearly believes that a strong judicial role in miserable fibre management is possible, because almost every criminal case already requires judicial time for its disposition. The empirical data suggest to Church that some correspondence exists between case management and economical movement of criminal cases. While Nimmer's position on case management is less straightforwardly discussed, Nimmer sees clear "jurisprudential limits" to trial courts as effective agents of judicial reform in criminal cases. For Nimmer, attorneys, not judges, are the most desirable focus of reform, because the time value placed on judicial independence militates against focusing on judges. Even a mandatory reform like calendaring, which like a shot affects the way a court "mana
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