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Schiavone: An Un-Fortune-Ate Illustration Of The Supreme Court's Role As Interpreter Of The Federal Rules Of Civil Procedure, Joseph P. Bauer
Schiavone: An Un-Fortune-Ate Illustration Of The Supreme Court's Role As Interpreter Of The Federal Rules Of Civil Procedure, Joseph P. Bauer
Joseph P. Bauer
Let me identify the two basic theses of this paper. First, I believe that in the recent Schiavone v. Fortune case, the Supreme Court gave the Federal Rule of Civil Procedure under consideration there, Rule 15(c), an unduly restrictive reading. In this, the fiftieth year of the effective date of the Rules, it is particularly unfortunate to see any of the Rules given an unnecessarily grudging interpretation. My second assertion is that as a general matter, in interpreting the Federal Rules, courts should recognize that their role is different from the one they play in interpreting statutes or in applying …