The normative goals of the 1938 Federal Rules facilitated a reconceptualization of federal adjudication by welcoming into court a diverse… Continue reading →
Every contemporary American lawyer who has engaged in litigation is familiar with the now fifty-four-volume treatise, Federal Practice and Procedure.… Continue reading →
A district court has broad discretion in deciding whether a suit may be maintained as a class action. Variations on… Continue reading →
“I imagine that many law students who arrive here at this famous law school in Philadelphia, the city that hosted… Continue reading →
On this seventy-fifth birthday of the Federal Rules of Civil Procedure, it is worth noting that the Rules are that… Continue reading →
This Article is part of an ongoing study of the behavior of American political institutions, including courts, with respect to… Continue reading →
Attorneys’ fees fuel litigation, yet little is known about fees. Fee data are rarely available in the United States or… Continue reading →
It hardly needs saying that summary judgment has been a controversial topic. The device was, by many accounts, long a… Continue reading →
With the possible exception of John Marshall, the Justice most frequently quoted by legal scholars is almost certainly Oliver Wendell… Continue reading →
To preview my argument briefly, plausibility pleading formally asks judges—for the first time since the advent of the Federal Rules—to… Continue reading →