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Fifty Years Of Bernhard V. Bank Of America Is Enough: Collateral Estoppel Should Require Mutuality But Res Judicata Should Not, Michael J. Waggoner
Fifty Years Of Bernhard V. Bank Of America Is Enough: Collateral Estoppel Should Require Mutuality But Res Judicata Should Not, Michael J. Waggoner
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New Paradigm, Normal Science, Or Crumbling Construct? Trends In Adjudicatory Procedure And Litigation Reform, Jeffrey W. Stempel
New Paradigm, Normal Science, Or Crumbling Construct? Trends In Adjudicatory Procedure And Litigation Reform, Jeffrey W. Stempel
Scholarly Works
One aspect of a possible new era is the increasing ad hoc activity of various interest groups, including the bench and the organized bar, primarily pursued through official organizations such as the Judicial Conference, the Federal Judicial Center, the American Bar Association (“ABA”), and the American Law Institute. Traditionally, of course, judges and lawyers have lobbied Congress and state legislatures for litigation change, as demonstrated by the saga of the Rules Enabling Act (“Enabling Act” or “Act”). But, the legal profession's more recent “political” activity regarding litigation reform differs from the traditional model in several ways. First, the participation of …