Foreword
Preface
Contents
Chapter I. Introduction
The Role of Law
Legal and Civic Competence
The Study
Origins of the Agency
Chapter II. The Early IAC: An Agency of Public Welfare
A Problem of Public Welfare
Compensation as a Measure of Relief
Law and Problem-Solving
The Need for Discretion
Overcoming Adversariness
Withdrawing the Progam from the Legal Order
An Administrative Authority
Chapter III. A Critical Decision: Voluntarism and Positive Government
Commitment to a Self-Administered System
Compensation by Private Liability
Insurance by Private Carriers
The "Direct Payment" System
The Failure of Self-Administration
A Committed Agency
Strategies of Administration: Participation and Control
The Spur of State Competition
Strengthening the Competence of Injured Persons
Control of Insurance
Control of Claims Adjustment
Control of Safety
Conclusion: The Seeds of Change
Chapter IV. The Parties: The Growth of Initiative and Competence
The Roots of Adversariness
Industry: The Organization of Defense
Labor: Toward Organized Initiative
Legal Competence and Civic Competence
Legal Competence and Conceptions of Law
Legal Competence and Orientations to Authority
Autonomy and Commitment
Conclusion
Chapter V. The Legal Profession: Organizational Advocacy
The IAC and the Representation of Claimants
The Emergence of Organized Representation
Characteristics of Organizational Advocacy
From Individual to Class Interests
The Broadening of Participation
The Active Creation of Grievances
Strategic Advocacy
Conclusion and Caution
Chapter VI. Administrative Withdrawal
Retreating from Control
Loss of Autonomy
The Erosion of Paternalism
Withdrawing from Politics
From Initiative to Passivity
Neutrality and the Loss of Commitment
From Public Welfare to Private Interests
From Pattern-Orientation to Claims-Orientation
Chapter VII. The Emergence of a Court
Legalization of Controversy
The Growth of Procedural Standards
Opportunity to Be Heard
Identification of Responsible Authority
Justification and the Right of Appeal
Administrative Purpose and Judicial Accountability
Rule-Making
The Formalization of Informal Processes
From Administration to Adjudication
Chapter VIII. Uses of Judicialism
The Court
Reduction of Procedural Opportunities
Routinization
"Litigation Avoidance"
Average Justice
Adjudication and the Flight from Policy
From Policy to Law
Law and Authority
Law and the Person
The Privatization of Public Policy
Political Tensions in the Legal Order
Index