I like the Navy system. If you’re a captain in the Navy and you’ve been up for 24 hours straight and have to go to sleep, and you turn the ship over to a competent first mate in tough conditions and he takes the ship aground, clearly through no fault of yours, they don’t court-martial you, but your naval career is over. You can say, “That’s too tough. That’s not law school. That’s not due process.” Well, the Navy model is better in its context than would be the law school model. The Navy model really forces people to pay attention when conditions are tough, because they know that there’s no
...more
