An experimental comparison of adversarial versus inquisitorial procedural regimes

This article reports the results of a multiyear series of economicexperiments comparing the two dominant types of legal proceduresused in adjudication: (1) the 'adversarial' model of party-controlledprocedure versus (2) the 'inquisitorial' model of judge-controlledprocedure. The principal finding is that the relative fact-findingefficiency of the two systems, in terms of both the 'revelation'of hidden facts and the 'accuracy' of decision, depends significantlyupon the information structure. Under a 'private' informationstructure, inquisitorial procedure is relatively more efficient,whereas under a 'correlated' information structure, adversarialprocedure is relatively more efficient.     

Preparation for the Practice of law—the Views of the Practicing Bar

The competence of the practicing bar has been subjected to substantial criticism in recent years. Since law schools have a virtual monopoly over access to the bar and licensure is granted without further training, legal education has been a particular focus of attack and reform efforts. Yet there has been little systematic study of what skills and knowledge are important in the actual practice of law or the relevant contributions of legal education. This study of practicing lawyers in Chicago examines the nature of the competencies important to the practice of law and the sources lawyers credit for contributing to their development.
Practitioners cite a broad range of skills, many of them not unique to the practice of law, with their importance varying by the predominant legal specialty practiced. The data further indicate that law schools play but a part in the development of skills and knowledge important to the practice of law and that experience, both prior and subsequent to graduation, plays a significant role. The evaluation of law schools' contributions is related to opportunities for further training, particularly in the context of law firm practice. There is, however, a strong general view that law schools rather uniformly concentrate on some skills to the exclusion of others and that the former are not necessarily those that lawyers think are most important to the practice of law.