Procedure, Politics, Prediction, and Professors: A Response to Professors Burbank and Purcell
Northeastern University - School of Law
University of Pennsylvania Law Review, Vol. 156, No. 6, pp. 2151-2160, June 2008
Northeastern University School of Law Research Paper
In this article I comment on four themes in the work of Stephen Burbank and Edward Purcell, two of the leading scholars of American civil procedure and procedural reform: (1) the relationship of substantive and procedural law; (2) the place of politics in procedural reform; (3) the difficulty of reliably predicting consequences of procedural reform; and (4) challenges that the Class Action Fairness Act of 2005 (CAFA) and similar reforms present for law professors, both in their roles as researchers and writers, and as teachers of would-be lawyers.
Number of Pages in PDF File: 11Accepted Paper Series
Date posted: June 16, 2012
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