Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Our Passive-Aggressive Model Of Civil Adjudication, Thomas O. Main
Our Passive-Aggressive Model Of Civil Adjudication, Thomas O. Main
Scholarly Works
In this essay, Professor Main offers one original observation and poses two new questions about the vanishing civil trial.
Uniformity Of State & Federal Procedure, Thomas O. Main
Uniformity Of State & Federal Procedure, Thomas O. Main
Scholarly Works
No abstract provided.
Mediation: An Unlikely Villain, Thomas O. Main
Mediation: An Unlikely Villain, Thomas O. Main
Scholarly Works
Professor Main argues that the modem ADR movement (and mediation in particular), rather than some (other) ideology, beget the pleading and summary judgment standards that exemplify contemporary practice and procedure in the fourth era in the history of American civil procedure. The other key reforms of the fourth era-the vanishing trial, the embrace of ADR, judicial case management and the pursuit of settlement by any means necessary-are more obviously tied to the modem ADR movement. Blame for all of the key fourth era reforms is thus traceable to the modern ADR movement. This, in turn, matters because it is generally …