In Adjudication and Alternatives: An Introduction to Procedure , Professor Fiss and Professor Resnik help students to become familiar with the model of individualized procedural fairness and trans-substantive rulemaking represented by the Federal Rules of Civil Procedure and by the "due process revolution" of the 1960s. But this volume also teaches students to understand the decomposition of the trans-substantive model — brought about by amendments to the Rules and by legislative interventions, as well as by the embrace of less formal processes.This volume enables students entering law school to gain appreciation for the aspirations for easing access to courts, empowering judges, and enabling information exchange among parties — goals that framed procedural rulemaking during many decades of the twentieth century. This volume also acquaints students with the critiques of that framework and helps students understand the more recent efforts to limit adversarial excesses and to restrain lawyers more generally, to decrease the number of disputes in courts, to obtain dispositions at higher rates and with less variation, and to constrain certain forms of judicial authority. This book provides an ideal background for more advanced work, focused on the procedural system of the Federal Rules of Civil Procedure, on Alternative Dispute Resolution, on Large Scale or Complex Litigation, and on Jurisdiction, whether domestic or international. What this book also offers first year teachers is a set of problems spanning the socio-economic spectrum and raised by litigants whose lives as women and men of all colors are profoundly affected by political understandings of gender, race, ethnicity, and class.
The Values of ProcedureConceptualizing Injury Judging: The Texas Prison Litigation Resolution Without Adjudication Aggregation: Group Litigation and Individual Participation The Law of Settlements Information Gathering and the Adversarial System Allocating Decisional Powers Struggles over the Place and the Law Making and Reading Rules