safetypee
It would be enlightening, and at the least quite interesting, to find out what KSAs you hold with regard to civil litigation involving air crashes or accidents (knowledge, skills, and abilities - a standard assessment metric in American higher education including legal education).
i say this not because I disagree with any particuar assertion you've articulated about legal processes in general or about ""the" legal process. Rather, as a result of having had a fairly broad set of professional interactions with accomplished litigators - some in the defense bar, others for plaintiffs - over several years now, it's unclear to me which interrogative is the more pertinent one: Other than abstruse pronouncements about how safety-related processes function, what basis in actual fact or experience do you assert supports your view about litigation in these cases? (Aren't your posts generally long on abstractions, tending toward theoretical?) Or..... let's say you're actually one of the above-referenced top-drawer American courtroom litigators of renown, posting behind an assumed identity.....So, what foundational changes are you advocating in the Montreal system which (as is widely known and recognized) is the bedrock of civil litigation for international civil aviation?
[Any perceived snark or sarcasm in this post is both apologized for in advance, and not intentional.]