Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Fin-De-Siecle Federal Civil Procedure, Carl W. Tobias
Fin-De-Siecle Federal Civil Procedure, Carl W. Tobias
Law Faculty Publications
Professor Laurens Walker's The End of the New Deal and the Federal Rules of Civil Procedure, 82 Iowa L. Rev.1269 (1997) (New Deal's End), is a thought-provoking evaluation of the relationship between the New Deal's conclusion and modem civil process. Professor Walker canvasses a series of recent, puzzling changes which "present the most serious challenge to the procedural status quo since the adoption of the original Federal Rules in 1938." The author finds that the New Deal's demise and the rejection of that regime's reliance on experts, policies of centralized federal decisionmaking, and establishment of the national government …
Discovery Reform Redux, Carl W. Tobias
Discovery Reform Redux, Carl W. Tobias
Law Faculty Publications
The recent resolve of the Advisory Committee on the Civil Rules to revisit reform of the discovery rules, which the Supreme Court revised as recently as 1993, is replete with ironies. In August, 1998, that Committee, which has primary responsibility for studying the Federal Rules of Civil Procedure and developing suggestions for their improvement, published proposals that would significantly revise the substantial 1993 revisions of the discovery rules. Ironies suffuse many specific aspects of the rule revision process and of the proposals to revise the 1993 revisions less than five years after their implementation. I emphasize the proposal to revise …
Local Procedural Review In The Eighth Circuit, Carl W. Tobias
Local Procedural Review In The Eighth Circuit, Carl W. Tobias
Law Faculty Publications
The resolution of substantive disputes is the responsibility that legal scholars, additional federal court observers and the public most closely associate with the United States Courts of Appeals. It is important to remember, however, that circuit judicial councils in each of the courts also discharge significant duties. These obligations are principally administrative, although their comprehensive implementation can be critical to the effective operation of the appellate courts and to the federal district courts within the circuits' purview. The review of local district procedures for consistency and redundancy with the Federal Rules of Civil Procedure and Acts of Congress is one …