The Law as it Could Be

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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.