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Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin
Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin
Faculty Scholarship
After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab, …
Standing In The Judge’S Shoes: Exploring Techniques To Help Legal Writers More Fully Address The Needs Of Their Audience, Sherri Keene
Standing In The Judge’S Shoes: Exploring Techniques To Help Legal Writers More Fully Address The Needs Of Their Audience, Sherri Keene
Faculty Scholarship
No abstract provided.