View the Table of Contents.
Read the Introduction.
"An uplifting book."
--"Choice"
"Refreshingly straightforward. Fiss writes in the style of John
Marshall, sweeping the reader along with vigorous
argumentation."
--"The Law and Politics Book Review"
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.
General
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