Judges and Judiciary
Jan. 5, 2026
Judging strangers is harder than we admit
Our legal system often gets outcomes wrong not because the law is unknowable, but because humans are poorly equipped to judge the truth of strangers--making imperfect justice the unavoidable price of civilization, even as we keep trying to do better.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
During a recent conversation with a long-time appellate lawyer friend--mostly trading war stories--he opined, "I'm tired of seeing so many cases wrongly decided, both in the trial courts and appellate courts." How many? "50%." He suggested that parties might save big bucks if we did away with our whole litigation system and had cases decided by a simple coin...
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