Turning Due Process on Its Head: Ethical Limitations on Ex Parte Practice, Vol. 49, No. 8 RES GESTAE 26 (April 2006)

The genius of our adversarial system is that it uses the checks and balances of opposing advocacy as a corrective measure in the truth-seeking process. Simply put, without the active presence of an opposing voice, a result is liable to be profoundly flawed.  This is not just a trifling part of the design of our [...]