ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Legal Theory Blog

Bassett & Perschbacher on the Federal Rules of Civil Procedure

By Lawrence Solum

ADVERTISEMENTS

Debra Lyn Bassett and Rex Perschbacher (University of Alabama School of Law and University of California, Davis - School of Law) have posted The Revolution of 1938 and its Discontents (Oklahoma Law Review, Vol. 61) on SSRN.  Here is the abstract:

This paper explores the divergence between the purposes and goals of the 1938 Federal Rules of Civil Procedure and the purposes and goals of litigation today. In doing so, we chronicle some of the intrusions and erosions into federal procedure that have gradually but permanently altered the 1938 Rules-Congressional tinkering (including the enactment of federal statutes that modify the application of the Federal Rules, such as by imposing higher pleading standards for certain claims); litigant pressures (including the increased use of alternative dispute resolution methods generally, and arbitration and private judging in particular, that result in end runs around the law); and the courts themselves (including local rules that modify broader interpretations of the Federal Rules). With greater barriers to litigation on the merits, and with the increasing privatization of law, the 1938 Federal Rules risk becoming not only less central to litigation, but actually becoming irrelevant-becoming truly mere federal procedural rules to be bent and adapted to the greater goals of managing and concluding litigation. This Article is the result of a Call for Papers by the AALS Section on Civil Procedure and was one of three papers selected for presentation at the 2008 AALS Annual Meeting. The other two selected papers, authored by Professor Richard Marcus and Professor Robert Bone, also appear in this issue of the Oklahoma Law Review.

Full post as published by Legal Theory Blog on October 15, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0022 secs (from cache 10/31/26 17:27:23)