Modern American civil procedure seeks to be clear, fair, and rational. The goal of the Federal Rules of Civil Procedure,… Continue reading →
Written for a symposium honoring Steve Burbank’s contributions to procedure scholarship, this Essay takes Geoff Hazard’s monograph, Research in Civil Procedure,… Continue reading →
This Essay takes its title from Professor Eric Foner’s 2019 Pulitzer Prize winning book The Second Founding.1 Foner’s book traces the development and adoption… Continue reading →
A prominent federal judge who knows the field well suggested that I immerse myself in Steve Burbank’s work when I… Continue reading →
Despite famously being called, merely, “one among equals,” the Chief Judge of a federal court of appeals plays a significant… Continue reading →
There is surely no more appropriate context in which to discuss interdisciplinary approaches to civil procedure than in a festschrift… Continue reading →
In 1999, Professor Stephen Burbank wrote an article entitled The Architecture of Judicial Independence.1 It is a foundational piece that gave structure to… Continue reading →
Federal judges have too many options for deferring to foreign courts, none of them particularly good. Not only have judges… Continue reading →
This Essay, written for a festschrift celebrating the career and contributions of Stephen Burbank, grapples with the procedural implications of… Continue reading →
Federal courts routinely apply state law. In diversity cases, federal courts apply the state law that the forum state would… Continue reading →