Adjudication and Its Alternatives: An Introduction to Procedure

Owen M. Fiss, Sterling Professor of Law, Yale University
Judith Resnik, Arthur Liman Professor of Law, Yale University

 

(Foundation Press, 2003)
SUMMARY OF CONTENTS

PREFACE

THE PROCESSES OF THE LAW: AN OVERVIEW

  1. Civil Actions

  2. Criminal Actions

  3. Remedial Powers

  4. Institutional Forms

  5. The Participants

 

CHAPTER 1. THE VALUES OF PROCEDURE

  1. The Framework

  2. The Evolution

  3. Financing Process: The Role of Resources and the Centrality of Lawyers

 

CHAPTER 2. CONCEPTUALIZING INJURY

 

CHAPTER 3. JUDGING: THE TEXAS PRISON LITIGATION

  1. Multiple Forms of Adjudication

  2. From Individual Injury to Institutional Reform

  3. Implementation and Enforcement of the Decrees: The Work of Special Masters

  4. The Prison Litigation Reform Act: Limits on the Equitable Powers of Federal Courts

 

CHAPTER 4. RESOLUTION WITHOUT ADJUDICATION

  1. Reconceiving the Goals of Litigation and the Judicial Role

  2. The Rise of Alternative Dispute Resolution

  3. Alternative Judges: Administrative Adjudication and Arbitration

 

CHAPTER 5. AGGREGATION: GROUP LITIGATION AND INDIVIDUAL PARTICIPATION

  1. Binding Participants

  2. The Representative Lawsuit and the Class Action

  3. Aggregation and the Problem of Agency

 

CHAPTER 6. THE LAW OF SETTLEMENTS

  1. Binding Whom? Settling What?

  2. The Alchemy of Settlement: Its Potential and Limits

 

CHAPTER 7. INFORMATION GATHERING AND THE ADVERSARY SYSTEM

  1. Judge vs. Lawyer Control

  2. Discovery and the Obligation to Disclose

  3. Is a Trial Needed?

 

CHAPTER 8. ALLOCATING DECISIONAL POWERS

  1. Qualifying to Judge

  2. Judge vs. Jury

  3. The Composition of the Jury

  4. The Scope of Permissible Decisions

  5. The Constraints on Judgment

 

CHAPTER 9. STRUGGLES OVER THE PLACE AND THE LAW OF THE CASE

  1. Reconfiguring Jurisdictional Limits to Encompass Disputes?

  2. Power over the Person of the Defendant: Affiliation, Physical Presence, and Capture

  3. Alternative and Competing Governing Rules

  4. Clashes and Comity Among Governing Authorities

  5. The Idea of Universal Jurisdiction

 

CHAPTER 10. MAKING AND READING RULES

  1. Generating Rules Within the Federal System

  2. Allocating Authority: Courts, Judges, Lawyers, and Congress

  3. Interpreting Rules and the Meaning of Rulemaking

  4. The Justice of the Rules

 

AALS Pro.03: Summary / Contents 2 April 3, 2003