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2015

Original intent

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Original Understanding And The Constitution, Michael E. Tigar Jul 2015

Original Understanding And The Constitution, Michael E. Tigar

Akron Law Review

Those who do not understand civil procedure are condemned to repeat it.

So far as I know, I have never had a student who wanted to repeat civil procedure, or any other course that I taught. The person who warned us about history was suggesting, in a broader sense, that if you really understood the past, you would not want to do it over again. Rather, you would appreciate that in every field of human endeavor we try to stand on the shoulders of those who have gone before, so that we can see farther and maybe do better.

But …