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Full-Text Articles in Law
The Unwritten Norms Of Civil Procedure, Diego A. Zambrano
The Unwritten Norms Of Civil Procedure, Diego A. Zambrano
Northwestern University Law Review
The rules of civil procedure depend on norms and conventions that control their application. Civil procedure is a famously rule-based field centered on textual commands in the form of the Federal Rules of Civil Procedure (FRCP). There are over eighty rules, hundreds of local judge-made rules, due process doctrines, and statutory rules, too. But written rules are overrated. Deep down, proceduralists know that the application of written rules hinges on broader norms that animate them, expand or constrain them, and even empower judges to ignore them. Unlike the FRCP and related doctrines, these procedural norms are unwritten, sociological, flexible, and …
#Sowhitemale: Federal Civil Rulemaking, Brooke D. Coleman
#Sowhitemale: Federal Civil Rulemaking, Brooke D. Coleman
Northwestern University Law Review
116 out of 136. That is the number of white men who have served on the eighty-two-year-old committee responsible for creating and maintaining the Federal Rules of Civil Procedure. The tiny number of non-white, non-male committee members is disproportionate, even in the context of the white-male-dominated legal profession. If the rules were simply a technical set of instructions made by a neutral set of experts, then perhaps these numbers might not be as disturbing. But that is not the case. The Civil Rules embody normative judgments about the values that have primacy in our civil justice system, and the rule-makers—while …
Judicial Mistakes In Discovery, Diego A. Zambrano
Judicial Mistakes In Discovery, Diego A. Zambrano
Northwestern University Law Review
A recent wave of scholarship argues that judges often fail to comply with binding rules or precedent and sometimes apply overturned laws. Scholars have hypothesized that the cause of this “judicial noncompliance” may be flawed litigant briefing that introduces mistakes into judicial decisions—an idea this Essay calls the “Litigant Hypothesis.” The Essay presents a preliminary study aimed at exploring ways of testing the validity of the Litigant Hypothesis. Employing an empirical analysis that exploits recent amendments to Federal Discovery Rule 26, this Essay finds that the strongest predictor of noncompliance in a dataset of discovery decisions is indeed faulty briefs. …
Linking Rule 9(B) Pleading And The First-To-File Rule To Advance The Goals Of The False Claims Act, Karin Lee
Linking Rule 9(B) Pleading And The First-To-File Rule To Advance The Goals Of The False Claims Act, Karin Lee
Northwestern University Law Review
No abstract provided.
Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman
Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Equity And Amiralty: A Turbulet Path To Manifest Destiny, George P. Ii Smith
Equity And Amiralty: A Turbulet Path To Manifest Destiny, George P. Ii Smith
Northwestern Journal of International Law & Business
Effective in 1966, the Federal Rules of Civil Procedure were amended "to effect unification of the civil and admiralty procedure." With this amendement, the Advisory Committee intended that, "just as the 1938 rules abolished the distinction between actions at law and suits in equity, this change would abolish the distinction between civil actions and suits in admiralty." Thus, rule 1, defining the scope of the rules, now states, "These rules govern the procedure in the United States district courts in all suits of a civil nature whether cognizable as cases as law or in equity or in admiralty... They shall …