{"product_id":"9780814728376","title":"The Law as it Could Be","description":"\u003cp\u003e\u003cb\u003eThe Law As It Could Be\u003c\/b\u003e 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 \u003ci\u003eBrown v. Board of Education\u003c\/i\u003e and \u003ci\u003eBush v. Gore\u003c\/i\u003e 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.\u003c\/p\u003e \u003cp\u003eIn 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 \u003ci\u003eBush v. Gore\u003c\/i\u003e 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 \u003ci\u003eBrown v. Board of Education\u003c\/i\u003e was founded.\u003c\/p\u003e","brand":"New York University Press","offers":[{"title":"Default Title","offer_id":47110065946864,"sku":"9780814728376","price":27.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0737\/7593\/9824\/files\/9780814728376_p0.jpg?v=1769909740","url":"https:\/\/shop-qa.barnesandnoble.com\/products\/9780814728376","provider":"Barnes \u0026 Noble (DEV)","version":"1.0","type":"link"}