Chapter Fourteen: Courts - In and Out of Sight, Site, and Cite

Adjudication’s Challenges to Democracy

  • Demand and Distress
  • The Data on Privatization: The Vanishing Trial
  • The Methods of Privatization
    • Managerial Judges Settling Cases
    • Unheard Arguments and “Unpublished” Opinions
    • Devolution: Administrative Agencies as Courts
    • Outsourcing through Mandatory Private Arbitration

Regulatory Options: Public Access to Alternative Dispute Resolution

Multi-Jurisdictional Premises (Again)

  • Tracking, Managing, and Obliging Mediation: Lord Woolf’s Reforms in England and Wales
  • Outsourcing to Tribunals
  • Competing for Transnational Arbitration
  • Mediation under the Director of the European Union

Transnational Procedural Shifts

The Continuum on Which Guantanamo Bay Sits

  • The Appointing Authority’s Adjudicatory Discretion
  • Court-Like, Court-Lite: “Honor Bound to Defend Freedom”

Foucault’s Footsteps