Document Type

Article

Publication Title

Creighton Law Review

Abstract

The simple point is that one cannot easily compare any untested reform proposals with long-established institutional arrangements that bear the scars of repetitive use. All too often the course of implementation introduces unanticipated pitfalls that were neither understood nor intended at the time of passage. It is very difficult, as it were, to be confident that these new programs will remedy all past defects just because that is their stated ambition. Efforts to eliminate all the glitches and inequities of some prior legal regime usually introduce novel errors, which often create dislocations greater than those that had just been eliminated. The new solution always appears to come in second place in any head-to-head competition with the ideal one.

First Page

1

Volume

48

Publication Date

2014

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