Speech: Opening Address
“I imagine that many law students who arrive here at this famous law school in Philadelphia, the city that hosted… Continue reading →
Volume 162 (2013-2014)
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Keynote Address: "The Just, Speedy, and Inexpensive Determination of Every Action?"
On this seventy-fifth birthday of the Federal Rules of Civil Procedure, it is worth noting that the Rules are that… Continue reading →
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Litigation Reform: An Institutional Approach
This Article is part of an ongoing study of the behavior of American political institutions, including courts, with respect to… Continue reading →
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Attorneys’ Fees in a Loser-Pays System
Attorneys’ fees fuel litigation, yet little is known about fees. Fee data are rarely available in the United States or… Continue reading →
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Rethinking Summary Judgment Empirics: The Life of the Parties
It hardly needs saying that summary judgment has been a controversial topic. The device was, by many accounts, long a… Continue reading →
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From the Particular to the General: Three Federal Rules and the Jurisprudence of the Rehnquist and Roberts Courts
With the possible exception of John Marshall, the Justice most frequently quoted by legal scholars is almost certainly Oliver Wendell… Continue reading →
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The Burdens of Pleading
To preview my argument briefly, plausibility pleading formally asks judges—for the first time since the advent of the Federal Rules—to… Continue reading →
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The Privatization of Process: Requiem for and Celebration of the Federal Rules of Civil Procedure at 75
The normative goals of the 1938 Federal Rules facilitated a reconceptualization of federal adjudication by welcoming into court a diverse… Continue reading →
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The Fourth Era of American Civil Procedure
Every contemporary American lawyer who has engaged in litigation is familiar with the now fifty-four-volume treatise, Federal Practice and Procedure.… Continue reading →
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Discretion in Class Certification
A district court has broad discretion in deciding whether a suit may be maintained as a class action. Variations on… Continue reading →