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Horton The Elephant Interprets The Federal Rules Of Civil Procedure: How The Federal Courts Sometimes Do And Always Should Understand Them, Donald L. Doernberg
Horton The Elephant Interprets The Federal Rules Of Civil Procedure: How The Federal Courts Sometimes Do And Always Should Understand Them, Donald L. Doernberg
Hofstra Law Review
The Court has used radically different techniques when it evaluates the scope of particular rules. When it examines whether there is a conflict between a Federal Rule and a provision of state law (usually, but not always, procedural law), it employs a distinctly read-my-lips approach to determining whether the Federal Rule speaks to the issue with the directness that Hanna v. Plumer (1965) and subsequent cases require. But when the Court considers whether a Federal Rule is consistent with the Rules Enabling Act’s (REA) requirement that no Rule shall “abridge, enlarge or modify” substantive law, a majority of the Justices …