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Full-Text Articles in Civil Procedure
What Does It Mean To Say That Procedure Is Political?, Dana S. Reda
What Does It Mean To Say That Procedure Is Political?, Dana S. Reda
Fordham Law Review
Procedure is not the first field of law to face controversy along these lines. Law’s independence from politics, in both its descriptive and normative aspects, is a century long legal challenge.9 This Article aims to clarify what we mean when we characterize procedure as political, as well as to understand some of the harms generated by failing to confront and acknowledge the political. This is a preliminary step in approaching future formulations of procedural rules if they cannot be depoliticized.
Due Process Without Judicial Process?: Antiadversarialism In American Legal Culture, Norman W. Spaulding
Due Process Without Judicial Process?: Antiadversarialism In American Legal Culture, Norman W. Spaulding
Fordham Law Review
For decades now, American scholars of procedure and legal ethics have remarked upon the death of the jury trial. If jury trial is not in fact dead as an institution for the resolution of disputes, it is certainly “vanishing.” Even in complex litigation, courts tend to facilitate nonadjudicative resolutions—providing sites for aggregation, selection of counsel, fact gathering, and finality (via issue and claim preclusion)—rather than trial on the merits in any conventional sense of the term. In some high-stakes criminal cases and a fraction of civil cases, jury trial will surely continue well into the twenty-first century. Wall-to-wall media coverage …
What Does It Mean To Say That Procedure Is Political?, Dana S. Reda
What Does It Mean To Say That Procedure Is Political?, Dana S. Reda
Fordham Law Review
Procedure is not the first field of law to face controversy along these lines. Law’s independence from politics, in both its descriptive and normative aspects, is a century long legal challenge.9 This Article aims to clarify what we mean when we characterize procedure as political, as well as to understand some of the harms generated by failing to confront and acknowledge the political. This is a preliminary step in approaching future formulations of procedural rules if they cannot be depoliticized.
Due Process Without Judicial Process?: Antiadversarialism In American Legal Culture, Norman W. Spaulding
Due Process Without Judicial Process?: Antiadversarialism In American Legal Culture, Norman W. Spaulding
Fordham Law Review
For decades now, American scholars of procedure and legal ethics have remarked upon the death of the jury trial. If jury trial is not in fact dead as an institution for the resolution of disputes, it is certainly “vanishing.” Even in complex litigation, courts tend to facilitate nonadjudicative resolutions—providing sites for aggregation, selection of counsel, fact gathering, and finality (via issue and claim preclusion)—rather than trial on the merits in any conventional sense of the term. In some high-stakes criminal cases and a fraction of civil cases, jury trial will surely continue well into the twenty-first century. Wall-to-wall media coverage …