A Transactional Model of Adjudication

Georgetown Law Journal

Volumn 89, Issue 2, 2001, Pages 371-

  Rubenstein, William B ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0347572360     PISSN: 00168092     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (5)

1. The classic rendition can be found in Lon L. Fuller, The Forms and Limits of Adjudication, 92 HARV. L. REV. 353, 354-55 (1978). Though Fuller's article was published in the 1970s, it was initially drafted in the 1950s, see id. at 353 (Special Editor's Note), and is characteristic of the Legal Process school of jurisprudence of the 1950s. See generally HENRY M. HART, JR. & ALBERT M. SACKS, THE LEGAL PROCESS: BASIC PROBLEMS IN THE MEANING AND APPLICATION OF LAW lxvii-xcvi (William N. Eskridge, Jr. & Philip P. Frickey eds., 1994). For further materials on the adversarial model, see AMERICAN BAR ASSOCIATION SECTION ON LITIGATION, READINGS ON ADVERSARIAL JUSTICE: THE AMERICAN APPROACH TO ADJUDICATION (Stephan Landsman ed., 1988) [hereinafter READINGS ON ADVERSARIAL JUSTICE].
2. The classic rendition can be found in Lon L. Fuller, The Forms and Limits of Adjudication, 92 HARV. L. REV. 353, 354-55 (1978). Though Fuller's article was published in the 1970s, it was initially drafted in the 1950s, see id. at 353 (Special Editor's Note), and is characteristic of the Legal Process school of jurisprudence of the 1950s. See generally HENRY M. HART, JR. & ALBERT M. SACKS, THE LEGAL PROCESS: BASIC PROBLEMS IN THE MEANING AND APPLICATION OF LAW lxvii-xcvi (William N. Eskridge, Jr. & Philip P. Frickey eds., 1994). For further materials on the adversarial model, see AMERICAN BAR ASSOCIATION SECTION ON LITIGATION, READINGS ON ADVERSARIAL JUSTICE: THE AMERICAN APPROACH TO ADJUDICATION (Stephan Landsman ed., 1988) [hereinafter READINGS ON ADVERSARIAL JUSTICE].
3. The classic rendition can be found in Lon L. Fuller, The Forms and Limits of Adjudication, 92 HARV. L. REV. 353, 354-55 (1978). Though Fuller's article was published in the 1970s, it was initially drafted in the 1950s, see id. at 353 (Special Editor's Note), and is characteristic of the Legal Process school of jurisprudence of the 1950s. See generally HENRY M. HART, JR. & ALBERT M. SACKS, THE LEGAL PROCESS: BASIC PROBLEMS IN THE MEANING AND APPLICATION OF LAW lxvii-xcvi (William N. Eskridge, Jr. & Philip P. Frickey eds., 1994). For further materials on the adversarial model, see AMERICAN BAR ASSOCIATION SECTION ON LITIGATION, READINGS ON ADVERSARIAL JUSTICE: THE AMERICAN APPROACH TO ADJUDICATION (Stephan Landsman ed., 1988) [hereinafter READINGS ON ADVERSARIAL JUSTICE].
4. Indeed, Fuller himself stated that in attempting to define "true" adjudication, he was "of necessity describing something that never fully exists." Fuller, supra note 1, at 357. He defended his approach in part, however, by noting that "it is only with the aid of this nonexistent model that we can pass intelligent judgment on the accomplishments of adjudication as it actually is." Id.
5. See generally Abram Chayes, The Role of the Judge in Public Law Litigation, 89 HARV. L. REV. 1281 (1976).