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Full-Text Articles in Law
Perspectives: The Federal Rules' Quest For Efficiency, Susan J. Becker
Perspectives: The Federal Rules' Quest For Efficiency, Susan J. Becker
Law Faculty Articles and Essays
As lawyers celebrate (or mourn) the first anniversary of the new Federal Rules of Civil Procedure, it is worth noting that last year's amendments marked a major philosophical metamorphosis in our theory of civil justice. They reflect an attempt to move away from a system aptly suited to war analogies and toward increased cooperation between the parties and "hands-on" management by the judiciary. This, in turn, is supposed to encourage efficiency--the oft-cited yet elusive goal of civil justice reform.
An Application Of Federal Rule Of Civil Procedure 26(A)(1) To Section 1983 Actions: Does Rule 26(A)(1) Violate The Rules Enabling Act, Shilpa Shah
Cleveland State Law Review
The purpose of this note is to generally explain the problems associated with Rule 26(a)(1), and to specifically examine whether it violates the Rules Enabling Act's prohibition on affecting substantive rights. To illustrate the problem with applying Rule 26(a)(1) to all cases, the note will examine mandatory disclosure as it applies to civil rights cases brought under 42 U.S.C. § 1983. The note concludes that Rule 26(a)(1) infringes on substantive rights in violation of the Rules Enabling Act; however, instead of invalidating the mandatory disclosure rule entirely, federal courts should not apply Rule 26(a)(1) to cases brought under § 1983 …
A Mandatory Disclosure And Civil Justice Reform Proposal Based On The Civil Justice Reform Act Experiments, Eric F. Spade
A Mandatory Disclosure And Civil Justice Reform Proposal Based On The Civil Justice Reform Act Experiments, Eric F. Spade
Cleveland State Law Review
The objective of this note is to examine the CJRA experiments with mandatory disclosure and, based on that examination, to propose an alternative approach to the current trend of micromanaging case management through the Federal Rules of Civil Procedure. This note begins by defining mandatory disclosure and providing a brief account of its origin. Next, the Civil Justice Reform Act is described, followed by an examination of the various CJRA mandatory disclosure experiments conducted by district courts nationwide. The main portion of this note endeavors to apply some of the lessons learned in the CJRA context to the flawed approach …