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Powers That Be: A Reexamination Of The Federal Courts' Rulemaking And Adjudicatory Powers In The Context Of A Clash Of A Congressional Statute And A Supreme Court Rule, Bernadette Bollas Genetin
Powers That Be: A Reexamination Of The Federal Courts' Rulemaking And Adjudicatory Powers In The Context Of A Clash Of A Congressional Statute And A Supreme Court Rule, Bernadette Bollas Genetin
Bernadette Bollas Genetin
This Article examines the long-standing conflict between Rule 17(b) of the Federal Rules of Civil Procedure, which was promulgated by the Supreme Court, and a federal statute, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Article emphasizes that, when a Federal Rule incorporates state law, many federal courts have applied and inappropriate analysis to conflicts between congressional statutes and Supreme Court Rules; these courts focus on a clash of federal-state authority, rather than recognizing that the conflict presents a horizontal clash of federal authority.
The Article has three goals. First, the Article identifies the flaw in current statute-Rule …