Wednesday, November 11, 2009
Professor Howard Erichson (Fordham) has posted on SSRN Forward: Reflections on the Adjudication-Settlement Divide, 78 Fordham L. Rev. (2009). Here's the abstract:
This Foreword introduces the papers of the 2009 Fordham Law Review symposium, Against Settlement: Twenty-Five Years Later. The symposium reconsiders the arguments in Owen Fiss's 1984 article, Against Settlement, The Foreword explores two themes. First, it asks whether the values urged by Fiss may be achieved only by adjudication, or whether those same values may be advanced through negotiated resolutions. Second, it examines the surprisingly hard-to-define border between adjudication and settlement in contexts that involve judicial supervision of settlements.