The Law as It Could Be

The Law As It Could Be gathers Fiss's most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece--some of which are among the most cited in Twentieth Century legal studies. Fiss surveys the legal terrain between the landmark cases of Brown v. Board of Education and Bush v. Gore to reclaim the legal legacy of the Civil Rights Movement. He argues forcefully for a vision of judges as instruments of public reason and of the courts as a means of shaping society in the image of the Constitution.
In building his argument, Fiss attends to topics as diverse as the use of the injunction to restructure social institutions; how law and economics have misunderstood the role of the judge; why the movement seeking alternatives to adjudication fails to serve the public interest; and why Bush v. Gore was not the constitutional crisis some would have us believe. In so doing, Fiss reveals a vision of adjudication that vindicates the public reason on which Brown v. Board of Education was founded.

Author: Owen Fiss
Publisher: New York University Press
Published: 10/01/2003
Pages: 287
Binding Type: Paperback
Weight: 1.00lbs
Size: 9.00h x 5.90w x 0.90d
ISBN: 9780814727263

Review Citation(s):
Choice 04/01/2004 pg. 1551

About the Author
Fiss, Owen: - Owen Fiss is Sterling Profesor of Law, Yale Law School. Among his books are Liberalism Divided and The Irony of Free Speech.