by subjecting it to rigorous testing." (407) "The word 'confront,' after all, also means a clashing of forces or ideas, thus carrying with it the notion of adversariness
." (408) While the drafters of the Sixth Amendment clearly contemplated courtroom safeguards as the "elements of confrontation," the Court made clear that face-to-face confrontation "is not the sine qua non of the confrontation right." (409) Instead, it is the right of the defense "to probe and expose [testimonial] infirmities." (410)
Metzger, Fear of Adversariness
: Using Gideon to Restrict Defendants' Invocation of Adversary Procedures, 122 YALE L.J.
(20) The issues faced by rural courts can be severe, in part because "even our legal system has an urban orientation." (21) Although rural courts are guided by the same fundamental principles as those in (sub)urban settings--independence, adversariness
and the rule of law--they are confronted with special problems that sometimes constrain their effectiveness such as lack of resources and isolation." (22) One common perception is, because there are fewer cases filed in rural courts than urban courts, rural courts are less busy.
(84) See Sean Doran et al., Rethinking Adversariness
in Nonjury Criminal Trials, 23 Am.
In so doing, Gregory reveals the tension in accountability interviewing between journalistic neutrality and adversariness
, a porous boundary-line that, at least with Paul, he readily crosses.
Some criminal, civil rights, and environmental cases come to mind, where the adversariness
and otherness is real and the two sides are morally opposed.").
836, 845 (1990) ("The word 'confront,' after all, also means a clashing of forces or ideas, thus carrying with it the notion of adversariness
into the scientific world has spurred both valuable
Mashaw notes that '[t]he focus on deservedness implies certain things about a just process of proof and decision.' (105) Mashaw observes that this has traditionally been achieved through an adversarial process with a passive decision-maker; however, adversariness
is not essential and the key concern is probing consideration of the individual's circumstances against the bureaucratic agenda.
Even with the comparatively low incidence of audits and collection cases present in the tax system today, the level of controversy and adversariness
present in these cases suggests that minimizing such situations, to the extent consistent with voluntary compliance, is highly desirable.
and social conflict, or for undermining respect for
must readily accept an idealized conception of adversariness