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Politics and Civil Procedure Rulemaking: Reflections on Experience

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Date
2010
Author
Carrington, P
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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 article
Subject
justice reform act
alternative 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/10161/4209
Citation
Carrington,Paul D.. 2010. Politics and Civil Procedure Rulemaking: Reflections on Experience. Duke law journal 60(3): 597-667.
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Scholars@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.
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