Ken Berman Authors Inaugural Column “On Reconsideration” in Litigation JournalPrint PDF
Under the banner “On Reconsideration,” Litigation—the flagship quarterly journal of the ABA Litigation Section and one of the most widely read litigation publications in the country—has just published the first of Ken Berman’s new regular columns. Ken, a Nutter partner and co-chair of the Business Litigation practice group, has often written articles for Litigation on advanced litigation techniques and topics. But with his “On Reconsideration” columns to be published in each quarterly issue, Ken examines litigation tradecraft and the physiology of legal disputes, challenging time-honored assumptions and conventional wisdom and suggesting solutions to situations most lawyers and judges are unaware might need fixing.
His first column—“Is an Adversarial Legal System Well Suited for Delivering Justice?”—explores how the American adversary system generally favors the better story, not necessarily the truer one, and questions whether mistaken outcomes fall outside an acceptable margin of error. Finding uncomfortable parallels between the adversary justice system and the presidential selection system, Ken’s column questions whether better justice might be delivered if the system were redesigned.