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Full-Text Articles in Law
The Structural Role Of Private Enforcement Mechanisms In Public Law, J. Maria Glover
The Structural Role Of Private Enforcement Mechanisms In Public Law, J. Maria Glover
Georgetown Law Faculty Publications and Other Works
The American regulatory system is unique in that it expressly relies upon a diffuse set of regulators, including private parties, rather than upon a centralized bureaucracy, for the effectuation of its substantive aims. In contrast with more traditional conceptions of private enforcement as an ad hoc supplement to public law, this Article argues that private regulation through litigation is an integral part of the structure of the modern regulatory state. Private litigation and the mechanisms that enable it are not merely add-ons to our regulatory regime, much less are they fundamentally at odds with it.
Yet mechanisms of enforcement attendant …
The Federal Rules Of Civil Settlement, J. Maria Glover
The Federal Rules Of Civil Settlement, J. Maria Glover
Georgetown Law Faculty Publications and Other Works
The Federal Rules of Civil Procedure were originally based upon a straightforward model of adjudication: Resolve the merits of cases at trial and use pretrial procedures to facilitate accurate trial outcomes. Though appealing in principle, this model has little relevance today. As is now well known, the endpoint around which the Federal Rules were structured — trial — virtually never occurs. Today, the vast majority of civil cases terminate in settlement. This Article is the first to argue that the current litigation process needs a new regime of civil procedure for the world of settlement
This Article begins by providing …