Rock paper scissors (as the Americans like to call Scissors paper stone) is what Judge Gregory Presnell in Florida ordered as a new form of alternative dispute resolution (from Southern District of Florida Blog).
bq. If counsel cannot agree on a neutral site, they shall meet on the front steps of the Sam M. Gibbons U.S. Courthouse, 801 North Florida Ave., Tampa, Florida 33602. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of rock, paper, scissors.
Perhaps they might consider the more elaborate form RPS 25 (via Boing Boing). Unfortunately there are too many outcomes, but learning the 25 hand gestures might be good for the brain.
Fairman’s orginal article was actually rejected by the law review: http://www.aktenvermerk.at/artikel/rejected_in_a_hurry/
Thanks, I completely missed that.
I don’t understand the history anyway. He sent it to Kansas and Kansas rejected it, which is fair enough – they didn’t invite it, he doesn’t teach there, maybe they didn’t like the topic, maybe they didn’t like the treatment of it. He’s at Ohio State, I think (I think Moritz is part of Ohio State).
What law review did it appear in? I wonder if it appeared in a law review at all. It appeared in the
Moritz College of Law, Public Law and Legal Theory Research Paper Series, but that isn’t a law review, is it?