Statute
Rules Enabling Act
42 published works
Legal History Blog
Baranowski on Rulemaking and FRCP 54(b)
By Dan Ernst
Brad Baranowski, SMU Dedman School of Law, has posted Remaking Rulemaking: Lessons from the History of Federal Rule of Civil Procedure 54(b), which appeared in the Cleveland-State Law Review:This Article…
Law & Humanities Blog
Baranowski on Remaking Rulemaking: Lessons From the History of Federal Rule of Civil Procedure 54(b)
By christinecorcoslawlit-blogspot-com
Brad Baranowski, SMU School of Law, has published Remaking Rulemaking: Lessons from the History of Federal Rule of Civil Procedure 54(b) at 73 Cleveland State Law Review 617 (2025). Here…
Drug & Device Law
Shady Grove Gets Shadier
By Bexis
We’ve only discussed Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., 559 U.S. 393 (2010), a couple of times. Shady Grove, displaced – in federal court – a variety…
PrawfsBlawg
Erie and the source of multi-part tests
Main Tuesday, May 28, 2024Erie and the source of multi-part testsHere is an under-discussed Erie problem: Whether, and how to analyze whether, a federal court must apply an atextual judicially…
Class Actions Insider
Rules Enabling Act Key to New Ninth Circuit Decision on Class Certification
A sometimes-overlooked aspect of class action law is how class certification rules interact with the Rules Enabling Act, which provides that rules of procedure and evidence “shall not abridge, enlarge…
PrawfsBlawg
Are the Federal Rules of Evidence Unconstitutional?
Main Monday, September 20, 2021Are the Federal Rules of Evidence Unconstitutional?I have a paper on the quirky way we enacted and continue to revise the Federal Rules of Evidence forthcoming…
Drug & Device Law
Why Cross-Jurisdictional Class Action Tolling Is Such a Bad Idea
By Bexis
We’ve always been against the concept of class action tolling: that merely by filing a class action – the class action does not have to have any merit – a…
Civil Procedure & Federal Courts Blog
Perennial “Lawsuit Abuse Reduction Act” Introduced Again in House and Senate
In what is beginning to feel like the Groundhog Day of civil procedure bills, LARA has been reintroduced in the Senate and the House for the umpteenth (I think the…
Civil Procedure & Federal Courts Blog
Bone on Statistical Adjudication & Tyson Foods v. Bouaphakeo
Bob Bone has posted on SSRN a draft of his article Tyson Foods and the Future of Statistical Adjudication, which will be published in the North Carolina Law Review. Here’s…
Civil Procedure & Federal Courts Blog
Symposium Articles on Re-Assessing Civil Procedure Published
The Nevada Law Journal's current issue publishes a symposium entitled "Through a Glass Starkly: Civil Procedure Re-Assessed." It contains numerous notable articles and essays: Symposium Introduction: Through A Glass Starkly: Civil…