Friday, September 21, 2007

Comment on Privatizing Law

Teri Carns from AK (Alaska, not Arkansas) sends this comment along regarding my post yesterday on privatizing law:

Hi Mike - interesting abstract. Are you proposing that the
administration of criminal law be privatized? In whole or in part? Our
office has worked a lot with alternative dispute resolution in the civil
system (and in the context of tribal courts).

In the context of tribal courts, Alaska has a number of somewhat
informal relationships that permit "minor" criminal offenses to be
handled locally. "Minor" is sometimes in the eyes of the mutual
beholders; I have heard of offenses that might have been categorized as
burglary being handled in villages.

We also have at least our fair share of former judges who find
well-paid work as mediators, arbitrators, etc., and a number of others
who do a lot of ADR.

She also kindly provided some additional links to some really good reference sources that you might want to look at if you want to follow up:

http://www.solicitorsjournal.com/story.asp?sectioncode=2&storycode=8390&c=1&eclipse_action=getsession

http://cad.sagepub.com/cgi/content/abstract/30/4/568

http://www.constitution.org/uslaw/pripro01.htm

Thanks, Teri.

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