Rock, Paper, Scissors ADR

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Via Howard B., I came across this judicial order requiring parties to a lawsuit to engage in a game of “Rock, Paper, Scissors” to settle a discovery dispute. Perhaps the lawyers ought to buy the strategy guide before playing?

Of course, this isn’t the only time in recent years that real-world decisions have been turned over to the RPS strategy. Remember the multi-million dollar auction game? But you’ve got to think that there are better ways to resolve discovery problems. Like, say, jousting.

UPDATE: I should surf more. Volokh and Prawfs are already on this. You might wonder why judges don’t issue entertaining orders like this more often – they get lots of attention, resulting in increased fame and possibly better clerk candidates.

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