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Civil Procedure Commons

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Articles 1 - 4 of 4

Full-Text Articles in Civil Procedure

Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl Sep 2019

Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Jun 2017

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Resolving Cases On The Merits, Jay Tidmarsh Oct 2016

Resolving Cases On The Merits, Jay Tidmarsh

Jay Tidmarsh

Prepared for a Symposium on Civil Justice Reform, this essay examines the role of the “on the merits” principle in modern American procedure. After surveying the possible meanings of the phrase, the essay critiques its most common understanding due to its economic inefficiency and its lack of strong philosophical support. Relying on the recent work of Amartya Sen, the essay proposes that the principle be replaced with a “fair outcome” principle that melds both “procedural” and “substantive” concerns.


Resolving Cases On The Merits, Jay Tidmarsh Dec 2009

Resolving Cases On The Merits, Jay Tidmarsh

Jay Tidmarsh

Prepared for a Symposium on Civil Justice Reform, this essay examines the role of the “on the merits” principle in modern American procedure. After surveying the possible meanings of the phrase, the essay critiques its most common understanding due to its economic inefficiency and its lack of strong philosophical support. Relying on the recent work of Amartya Sen, the essay proposes that the principle be replaced with a “fair outcome” principle that melds both “procedural” and “substantive” concerns.