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Full-Text Articles in Law
Listening To Victims, Jayne W. Barnard
Global Civil Procedure Trends In The Twenty-First Century, Scott Dodson
Global Civil Procedure Trends In The Twenty-First Century, Scott Dodson
Faculty Publications
Recent scholarship in comparative civil procedure has identified
“American exceptionalism” as a way to describe practices which set the
United States apart from most of the world, particularly the civil law world.
This Article focuses on two areas of “exceptionalism”: pleading standards
and the role of judges. Specifically, pleading requirements are considerably
less strict in the United States compared to other countries. Additionally,
U.S. judges are less active in conducting litigation than their counterparts
elsewhere, especially judges in the civil law tradition. This Article traces
some modern trends toward convergence between the United States and
the rest of the world. …