Coverart for item
The Resource Whose judgment? : vacating judgment, preferences for settlement, and the role of adjudication at the close of the twentieth century, Judith Resnik

Whose judgment? : vacating judgment, preferences for settlement, and the role of adjudication at the close of the twentieth century, Judith Resnik

Label
Whose judgment? : vacating judgment, preferences for settlement, and the role of adjudication at the close of the twentieth century
Title
Whose judgment?
Title remainder
vacating judgment, preferences for settlement, and the role of adjudication at the close of the twentieth century
Statement of responsibility
Judith Resnik
Creator
Contributor
Subject
Genre
Language
eng
Summary
A number of issues surround the question of whether a court should vacate either its own decision or the decision of a lower court at parties request so that, with such vacatur on consent, settlement will occur. These issues include the value that should be accorded adjudication; the limits, if any, that should be placed on courts' encouragement and facilitation of settlement; who owns lawsuits, the risks they entail, and the decisions generated in their wake; the meaning of the words "public" and "private" in the context of court decisions; and the proper balance between litigants' autonomy and third-party interests in litigation. This article examines three recent cases in which the judges grapple with the problem of vacatur, considers ways the case law on vacatur illuminates contemporary values about the utility and desirability of adjudication, and describes and appraises the tensions among competing judicial trends. Finally, the author evaluates the current celebration of alternative dispute resolution, and particularly of settlement, and its impact on the understanding of the judicial role
Member of
Cataloging source
EQO
Index
no index present
LC call number
KF8990
LC item number
.R47 1995
Literary form
non fiction
Nature of contents
bibliography
Series statement
RAND reprints
Series volume
364
Label
Whose judgment? : vacating judgment, preferences for settlement, and the role of adjudication at the close of the twentieth century, Judith Resnik
Instantiates
Publication
Note
  • Originally published in: UCLA Law Review, v. 41, no. 6, Aug. 1994
  • "The Institute for Civil Justice"--Page [iii]
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
28 cm.
Extent
pages 1471-1539
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)43143449
Label
Whose judgment? : vacating judgment, preferences for settlement, and the role of adjudication at the close of the twentieth century, Judith Resnik
Publication
Note
  • Originally published in: UCLA Law Review, v. 41, no. 6, Aug. 1994
  • "The Institute for Civil Justice"--Page [iii]
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
28 cm.
Extent
pages 1471-1539
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)43143449

Library Locations

    • BYU-LAWBorrow it
      Howard W. Hunter Law Library Brigham Young University, Provo, UT, 84602, US
      40.249603 -111.645501
Processing Feedback ...