| Recently a federal judge from Orlando, Florida, | | | | encyclopedia. According to the Official Rock, |
| brought the children's game of Rock, Paper, | | | | Paper, Scissors Strategy Guide (available at |
| Scissors to national attention through Forbes | | | | Amazon.com), early Homo sapiens played a |
| Magazine and Datelined June 7, 2006, Fortune | | | | predecessor game about 50,000 B.C. "to resolve |
| writer Roger Parloff describes two lawyers in a | | | | food and mating disputes." This game only |
| federal case who could not agree on the place for | | | | involved a rock (scissors were not invented until |
| a deposition even though their offices were four | | | | sixth century Italy). The 'thrower' tried to place |
| floors apart in the same building. Rather than | | | | the fist-rock on the 'catcher's' body, while the |
| deciding the matter, Judge Presnell ordered each | | | | 'catcher' tried to avoid this by positioning his hand |
| attorney to the steps of the federal courthouse | | | | to catch the rock. After switching positions, the |
| on June 30, 2006, accompanied by a paralegal | | | | 'thrower' who placed the most rocks on the |
| witness, to play one dispositive round of rock, | | | | 'catcher's' body won. |
| paper, scissors - with the winner to choose the | | | | It appears that the Japanese invented the |
| location for the deposition so long as it was in | | | | modern, tripartite game they call Janken, based |
| Hillsborough County, Florida. Apparently intimidated | | | | on the Guu Choki Paa way of thinking: "the snake |
| by the threat of playing rock, paper, scissors, the | | | | fears the slug; the slug fears the frog, and the |
| World RPS Society ( reported on June 9th that | | | | frog fears the snake." Moving away from snakes, |
| "the attorneys have worked out our differences | | | | slugs and frogs, the Japanese developed a new |
| by agreement. We will not have to resort to | | | | version where "the tiger feared the warrior, the |
| combat by RPS." The judge has since withdrawn | | | | warrior feared his mother, and the warrior's |
| its order. | | | | mother feared the tiger." Marco Polo reportedly |
| One may think that the "Rock, Paper, Scissors" | | | | brought this game back to Europe, and the |
| game is an "arbitrary" way to make decisions. In | | | | Venetian traders changed it to rock, paper, blade |
| Hindson v. Allstate Ins. Co., 694 A.2d 682, 685 | | | | to settle trade disputes. One of the most amusing |
| (R.I. 1997) the court was faced with allocating | | | | variations of the game comes from Indonesia and |
| coverage among various insurance carriers where | | | | apparently involved an elephant, a person, and an |
| none would admit to primary coverage. The court | | | | ant. The elephant can crush the person, the |
| considered using a "rock, paper, scissors" | | | | person can crush the ant, but how can the ant |
| approach to determine which carriers should | | | | win against the elephant? It crawls in the |
| provide primary coverage to the claims at issue, | | | | elephant's ear and drives the elephant crazy. |
| but considered that approach to be "arbitrary." In | | | | The game may have migrated to the United |
| that case, the court opted to "halt the incessant | | | | States via Jean Baptiste. Jean Baptise was the |
| 'battle of the draftsmen' waged by, between, and | | | | French general who helped George Washington |
| among the various insurance companies" by | | | | during the American Revolution. It is unknown as |
| finding that the coverage responsibilities of all | | | | to why this game came to be associated with |
| insurers should be shared on a pro-rata basis. | | | | the Count of Rochambeau, but it does raise |
| Notwithstanding the reluctance of the Rhode | | | | questions as to the means by which Washington |
| Island court to use "rock, paper, scissors," | | | | secured Cornwallis' surrender in Yorktown. |
| variations of "rock, paper, scissors" have been | | | | Nevertheless, this theory may explain why the |
| used for dispute resolution for more than 50,000 | | | | game is often called, "rochambeau," or, |
| years, according to Wikipedia, the free online | | | | "roshambo. |