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The Federal Rules At 75: Dispute Resolution, Private Enforcement Or Decision According To Law?, James Maxeiner

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This essay is a critical response to the 2013 commemorations of the 75th anniversary of the Federal Rules of Civil Procedure.

The Federal Rules of Civil Procedure were introduced in 1938 to provide procedure to decide cases on their merits. The Rules were designed to replace decisions under the “sporting theory of justice” with decisions according to law. By 1976, at midlife, it was clear that they were not achieving their goal. America’s proceduralists split into two sides about what to do.

One side promotes rules that control and conclude litigation: e.g., plausibility pleading, case management, limited discovery, cost indemnity …

Maryland's Adoption Of A Code Of Evidence, Lynn Mclain

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This short paper written just after the adoption of the Maryland Rules of Evidence explains the rules and the process it took to adapt the Federal Rules of Evidence for use in Maryland.

Maryland's First Evidence Code, Lynn Mclain

All Faculty Scholarship

This outline from a talk given by Professor McLain outlines the history of the rules of evidence Maryland has used and provides a quick summary of the then-new Title 5, the Maryland Rules of Evidence.