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Statute

Rules Enabling Act

42 published works

  1. Civil Procedure & Federal Courts Blog

    Burbank and Farhang on Class Actions and the Counterrevolution Against Federal Litigation

    By Patricia W. Moore

    Stephen B. Burbank and Sean Farhang have posted on SSRN their article, Class Actions and the Counterrevolution Against Federal Litigation.Abstract:In this article we situate consideration of class actions in a framework, and…

  2. Civil Procedure & Federal Courts Blog

    FRCP Amendments Will Casually Wipe Out Three Dozen “Official Forms”

    By Patricia W. Moore

    Today, I'm taking the amendments a bit out of numerical order to talk about the proposal to abrogate Rule 84 and to abrogate all thirty-six of the official forms following…

  3. Drug & Device Law

    Hopeful Cy Pres Developments

    By Bexis

    We’ve made no bones on this blog about our distaste for the “cy pres” rationale that keeps finding its way into class action litigation. Indeed, we consider resort to cy…

  4. Civil Procedure & Federal Courts Blog

    Sherry on Why Courts Can’t Fix Erie

    By Civil Procedure & Federal Courts Blog

    Suzanna Sherry (Vanderbilt) has posted A Pox on Both Your Houses: Why the Courts Can't Fix the Erie Doctrine to SSRN.As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it…

  5. Civil Procedure & Federal Courts Blog

    Freer on the Continuing Gloom About Federal Judicial Rulemaking

    By Civil Procedure & Federal Courts Blog

    Richard Freer (Emory) has posted The Continuing Gloom About Federal Judicial Rulemaking to SSRN.In 2013, the Federal Rules of Civil Procedure will be 75 years old. The rulemaking process by…

  6. Class Actions Insider

    The Constitutionality of Class Actions

    By Wystan Ackerman

    I found particularly interesting a recent post on the Carlton Fields’ Class Action Blog that discusses a book entitled Wholesale Justice: Constitutional Democracy and the Problem of the Class Action…

  7. Civil Procedure & Federal Courts Blog

    New article argues for application of state summary judgment standards in diversity cases under Stevens’ view in Shady Grove

    By Civil Procedure & Federal Courts Blog

    In Shady Grove, the Rules Enabling Act, and the Application of State Summary Judgment Standards in Federal Diversity Cases, forthcoming in St. John’s Law Review, Professor Matthew Lyon of Lincoln…

  8. Antitrust Law Blog

    <i>Wal-Mart v. Dukes</i>: Implications For Antitrust Class Actions

    By Sheppard Mullin

    On June 20, 2011, the United States Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, No. 10-277, holding that 1.5 million female Wal-Mart employees around the nation could not bring…

  9. Civil Procedure & Federal Courts Blog

    Campos on Mass Torts and Due Process

    By Civil Procedure & Federal Courts Blog

    Sergio Campos (University of Miami) has posted Mass Torts and Due Process to SSRN.Abstract:      Almost all courts and scholars disfavor the use of class actions in mass tort litigation, primarily because…

  10. Civil Procedure & Federal Courts Blog

    SCOTUS Approves Latest Amendments to the Federal Rules

    By Civil Procedure & Federal Courts Blog

    Last week the Supreme Court approved and transmitted to Congress the latest round of Federal Rules amendments. This announcement appears on the U.S. Courts website:On April 26, 2011, the Supreme…