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Martha Minow, Judge for the Situation: Judge Jack Weinstein, Creator of Temporary Administrative Agencies 97 Colum. L.. Rev. 2010 (1997).

Abstract: In this Article, Professor Minow explores Judge Jack Weinstein's efforts to recast the role of the judge, as problem solver, to the entire situation. Through his bold personal transcendence of the traditional role of the judge, Weinstein has attempted to fashion global resolutions to multijurisdictional conflicts like the Agent Orange case and the DES Cases. Bucking the trend to narrow litigation, Judge Weinstein has sought to allow all potentially affected parties a voice in the dispute. Professor Minow calls this phenomenon of inclusive resolution creation of the “temporary administrative agency.” Professor Minow explains that unlike traditional, self-perpetuating administrative agencies, Judge Weinstein's “temporary administrative agencies”--including claims processing facilities, public hearings, appointment of special masters, and consultation with community members and experts--are uniquely temporary and contextually specific. Accordingly, “temporary administrative agencies” deal with specific problems and disappear when those problems are resolved. Professor Minow identifies potential constitutional, institutional, and practical objections to “temporary administrative agencies,” but argues that Judge Weinstein's unique combination of intellect, dedication, and humaneness has enabled him to fashion inclusive resolutions to avoid these potential infirmities. According to Professor Minow, though, these objections counsel against general adoption of Judge Weinstein's techniques by perhaps less extraordinary judges. For the same reasons that Louis D. Brandeis's holistic approach to representing clients earned him the title “counsel for the situation,” Judge Weinstein often is the “judge for the situation.”