The Paradox of Procedure

Publication Date

2026

Streaming Media

Abstract

What if more rights and more process in court means less access to justice? And what if expanding the role of market forces in civil procedure can create more access to justice? In this Chicago's Best Ideas, Professor William Hubbard argues that current rules of procedure widen inequalities because they ignore the market forces already present in civil litigation.

Professor Hubbard builds on the work of great Chicago thinkers like as Richard Posner and Gary Becker to argue for market-mindful procedure. Markets aren't just for "efficiency"--they can serve the goals of access to justice and equality before the law.

Link to audio

Lecture Date

January 1, 2026

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