Staff View
Ad Hoc Procedure

Descriptive

TypeOfResource
Text
TitleInfo
Title
Ad Hoc Procedure
Name (type = personal)
NamePart (type = family)
Bookman
NamePart (type = given)
Pamela K.
Affiliation
Temple University
Role
RoleTerm (type = text); (authority = marcrt)
author
Name (type = personal); (authority = orcid); (authorityURI = http://id.loc.gov/vocabulary/identifiers/orcid.html); (valueURI = http://orcid.org/0000-0003-3807-1309)
NamePart (type = family)
Noll
NamePart (type = given)
David L.
Affiliation
Dean's Office (School of Law-Newark), Rutgers University
Role
RoleTerm (type = text); (authority = marcrt)
author
Name (type = corporate); (authority = RutgersOrg-Department)
NamePart
Dean's Office (School of Law-Newark)
Name (type = corporate); (authority = RutgersOrg-School)
NamePart
School of Law-Newark
Genre (authority = RULIB-FS)
Article, Non-refereed
Genre (authority = NISO JAV)
Version of Record (VoR)
OriginInfo
DateIssued (encoding = w3cdtf); (keyDate = yes)
2017
Abstract (type = Abstract)
“Ad hoc procedure” seems like an oxymoron. A traditional model of the civil justice system depicts courts deciding cases using impartial procedures that are defined in advance of specific disputes. This model reflects a process-based account of the rule of law in which the process through which laws are made helps to ensure that lawmakers act in the public interest. Judgments produced using procedures promulgated in advance of specific disputes are legitimate because they are the product of fair rules of play designed in a manner that is the opposite of ad hoc.

Actual litigation frequently reveals the inadequacy of procedures created according to this traditional model. To fix the procedural problems that arise in such cases, litigants, judges, lawyers, and legislatures can design procedure on the fly, changing the “rules of the road” as the case proceeds. Ad hoc procedure-making allows the civil justice system to function when ordinary procedure fails, but it challenges the rule-of-law values reflected in the traditional model of procedural design. Instead of being created by lawmakers who operate behind a veil of ignorance, ad hoc procedure is made by actors seeking specific outcomes in pending cases. The circumstances in which ad hoc procedure is created raise concerns about lawmakers’ motivations, the transaction costs of one-off procedural interventions, the wisdom and fairness of those interventions, and the separation of powers.

This Article introduces the phenomenon of ad hoc procedure and considers its place in a world where much procedure continues to be made through the traditional model. Focusing on ad hoc procedural statutes, the Article contends that such statutes’ legitimacy—or lack thereof—depends on different factors than ordinary civil procedure. Unable to claim legitimacy from the circumstances in which it is crafted, ad hoc procedural legislation must instead derive legitimacy from the need to address a procedural problem and the effort to produce substantively just outcomes.
Language
LanguageTerm (authority = ISO 639-3:2007); (type = text)
English
PhysicalDescription
InternetMediaType
application/pdf
Extent
79 p.
Subject (authority = local)
Topic
Civil procedure
Subject (authority = local)
Topic
Legislation
Subject (authority = local)
Topic
Civil justice
Subject (authority = local)
Topic
Class actions
Subject (authority = local)
Topic
Multidistrict litigation
Subject (authority = local)
Topic
Asbestos
Subject (authority = local)
Topic
Bankruptcy
Subject (authority = local)
Topic
Rule of law
Extension
DescriptiveEvent
Type
Citation
DateTime (encoding = w3cdtf)
2017
AssociatedObject
Name
New York University Law Review
Type
Journal
Relationship
Has part
Detail
767-845
Identifier (type = volume and issue)
92(4)
Reference (type = url)
http://www.nyulawreview.org/issues/volume-92-number-4/ad-hoc-procedure
RelatedItem (type = host)
TitleInfo
Title
Noll, David L.
Identifier (type = local)
rucore30247400001
Location
PhysicalLocation (authority = marcorg); (displayLabel = Rutgers, The State University of New Jersey)
NjNbRU
Identifier (type = doi)
doi:10.7282/T3833WB0
Back to the top

Rights

RightsDeclaration (AUTHORITY = FS); (TYPE = [FS] statement #1); (ID = rulibRdec0004)
Copyright for scholarly resources published in RUcore is retained by the copyright holder. By virtue of its appearance in this open access medium, you are free to use this resource, with proper attribution, in educational and other non-commercial settings. Other uses, such as reproduction or republication, may require the permission of the copyright holder.
Copyright
Status
Copyright protected
Availability
Status
Open
Reason
Disciplinary norms
Note
Student-run law review openly available on journal's website.
RightsEvent
Type
Permission or license
AssociatedObject
Type
License
Name
Multiple author license v. 1
Detail
I hereby grant to Rutgers, The State University of New Jersey (Rutgers) the non-exclusive right to retain, reproduce, and distribute the deposited work (Work) in whole or in part, in and from its electronic format, without fee. This agreement does not represent a transfer of copyright to Rutgers.Rutgers may make and keep more than one copy of the Work for purposes of security, backup, preservation, and access and may migrate the Work to any medium or format for the purpose of preservation and access in the future. Rutgers will not make any alteration, other than as allowed by this agreement, to the Work.I represent and warrant to Rutgers that the Work is my original work. I also represent that the Work does not, to the best of my knowledge, infringe or violate any rights of others.I further represent and warrant that I have obtained all necessary rights to permit Rutgers to reproduce and distribute the Work and that any third-party owned content is clearly identified and acknowledged within the Work.By granting this license, I acknowledge that I have read and agreed to the terms of this agreement and all related RUcore and Rutgers policies.
Back to the top

Technical

RULTechMD (ID = TECHNICAL1)
ContentModel
Document
CreatingApplication
Version
1.7
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2017-10-18T16:48:34
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2017-10-18T16:48:47
ApplicationName
Acrobat Distiller 8.3.1 (Windows)
Back to the top
Version 8.3.12
Rutgers University Libraries - Copyright ©2019