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Full-Text Articles in Law

Professor Aaron-Andrew Bruhl: Reflections On The Fall 2020 Semester, Aaron-Andrew P. Bruhl Oct 2020

Professor Aaron-Andrew Bruhl: Reflections On The Fall 2020 Semester, Aaron-Andrew P. Bruhl

Law School Personal Reflections on COVID-19

No abstract provided.


Civil Procedure As A Critical Discussion, Susan Provenzano, Brian N. Larson Jun 2020

Civil Procedure As A Critical Discussion, Susan Provenzano, Brian N. Larson

Faculty Scholarship

This Article develops a model for analyzing legal dispute resolution systems as systems for argumentation. Our model meshes two theories of argument conceived centuries apart: contemporary argumentation theory and classical stasis theory. In this Article, we apply the model to the Federal Rules of Civil Procedure as a proof of concept. Specifically, the model analyzes how the Federal Rules of Civil Procedure function as a staged argumentative critical discussion designed to permit judge and jury to rationally resolve litigants’ differences in a reasonable manner. At a high level, this critical discussion has three phases: a confrontation, an (extended) opening, and …