This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts:

1. rudimentary fairness and the trade off between equity and efficiency;
2. defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information;
3. defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation;
4. defining the power of the courts;
5. securing finality; and
6. the costs of procedure.


Imprint: Foundation Press
Series: Concepts and Insights
Publication Date: 08/23/2017

Samuel Issacharoff, New York University School of Law

CASEBOOKPLUS. YOUR PARTNER IN LEARNING & ASSESSMENT

This title is available in our CasebookPlus format. Anchored by faculty-authored self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class.

DEVELOPED WITH EVERY TEACHING STYLE IN MIND

Adopt the CasebookPlus option of your chosen text and provide your students with all the tools they need to gauge their understanding of the material—on their own, outside of the classroom, with no extra work on your part.

For faculty who wish to view their students’ quiz progress and results, we’ve added new optional customizable reporting capability that can help you evaluate your students’ understanding of the material. This feedback can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards. Learn more about the reporting available to you from your Account Manager or view the course set-up instructions to get started.

OPTIONS FOR YOU AND YOUR STUDENTS

Students purchasing a used book, or those who are renting their text, can still utilize all CasebookPlus digital resources by buying the digital only option.

This edition is updated to reflect procedural developments in terms of likelihood of trial, the continuing difficulties in defining jurisdiction, and the increased managerial role of courts.

Learn more about this series.