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Litigation

2007

Duke Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Authorized Managerialism Under The Federal Rules— And The Extent Of Convergence With Civil-Law Judging, Thomas D. Rowe Jr. Jan 2007

Authorized Managerialism Under The Federal Rules— And The Extent Of Convergence With Civil-Law Judging, Thomas D. Rowe Jr.

Faculty Scholarship

This article, part of a symposium marking the fortieth anniversary of the United States District Court for the Central District of California, first surveys the (very considerable) extent to which changes in the Federal Rules of Civil Procedure over the past quarter century have expanded and legitimized the pretrial managerial powers of federal trial-court judges. It then turns to an issue sometimes touched on in prior literature--whether the move toward greater managerialism departs from the "adversarial" model of the judge as passive referee and makes us more like supposedly "inquisitorial" civil-law systems. To the extent that civil-law judges generally exercise …


State And Foreign Class-Action Rules And Statutes: Differences From - And Lessons For? - Federal Rule 23, Thomas D. Rowe Jr. Jan 2007

State And Foreign Class-Action Rules And Statutes: Differences From - And Lessons For? - Federal Rule 23, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.