ALERT: This system is being upgraded on Tuesday December 12. It will not be available
for use for several hours that day while the upgrade is in progress. Deposits to DukeSpace
will be disabled on Monday December 11, so no new items are to be added to the repository
while the upgrade is in progress. Everything should be back to normal by the end of
day, December 12.
Politics and Civil Procedure Rulemaking: Reflections on Experience
Abstract
This Article is a reflection on personal experience as well as an account of what
has happened to the Federal Rules of Civil Procedure in the most recent quarter century
It observes that the Supreme Court of the United States has assigned to itself a role
in making procedural law inconsistent with the Rules Enabling Act of 1934 or any more-recent
utterance of Congress This procedural law made by the Court is responsive to the desire
of business interests to weaken the ability of citizens to enforce laws enacted to
protect them from business misconduct The Article concludes with the suggestion that
Congress should now act to constrain the role of the Court and restore the ability
of citizens to enforce their rights in civil proceedings in federal courts
Type
Other articleSubject
justice reform actalternative dispute resolution
hague evidence
convention
rules enabling act
federal-rules
litigation matrix
discovery rules
always enough
supreme-court
local rules
law
Permalink
https://hdl.handle.net/10161/4209Citation
Carrington,Paul D.. 2010. Politics and Civil Procedure Rulemaking: Reflections on
Experience. Duke law journal 60(3): 597-667.
Collections
More Info
Show full item recordScholars@Duke
Paul D. Carrington
Harry R. Chadwick, Sr. Distinguished Professor Emeritus of Law
This author no longer has a Scholars@Duke profile, so the information shown here reflects
their Duke status at the time this item was deposited.

Articles written by Duke faculty are made available through the campus open access policy. For more information see: Duke Open Access Policy
Rights for Collection: Scholarly Articles
Works are deposited here by their authors, and represent their research and opinions, not that of Duke University. Some materials and descriptions may include offensive content. More info